The Delhi High Court has ruled that a wife’s inherited property or family gifts cannot be treated as her income to refuse maintenance. The Court upheld ₹50,000 monthly interim maintenance, stressing real income and marital lifestyle, not family background.
NEW DELHI: The Delhi High Court has clearly held that a husband cannot rely on his wife’s inherited property or wealth received from her parents or relatives to deny her claim for interim maintenance. The Court made it clear that such assets cannot be treated as the wife’s income for the purpose of refusing financial support.
Justice Swarana Kanta Sharma explained that while deciding a maintenance claim, the focus must remain on the wife’s present earning capacity and her ability to maintain herself at the standard of living she enjoyed during the marriage. The financial position of her parents or her natal family is not relevant for this purpose.
“This Court is of the view that the stridhan, inherited property, or gifts received by a woman from her parents or relatives cannot be construed as a source of income so as to defeat her claim,”
-the Court said.
The case before the Court arose from a petition filed by a husband challenging an order of the trial court which had directed him to pay ₹50,000 per month as interim maintenance to his wife under the Protection of Women from Domestic Violence Act.
The husband argued that the wife had sufficient independent financial means because she had inherited assets, family-gifted properties, and belonged to a financially well-off family. On this basis, he claimed that she was not entitled to maintenance. The High Court, however, found this argument to be legally unsustainable and rejected it outright.
At the same time, the Court clarified that while assessing the husband’s capacity to pay maintenance, the evaluation is not limited only to his regular salary or declared income. It also includes income and benefits arising from any family business in which the husband has a share or interest.
“This includes profits, dividends, or any other financial benefits accruing from the family enterprise. The rationale is that maintenance is intended to ensure the wife‘s reasonable living standards, and the husband‘s capacity to pay encompasses all legitimate sources of income, including those from business ventures, whether owned individually or as part of a family enterprise”
-the bench said.
The husband and wife were married in December 2018. After disputes arose between them, the wife approached the trial court alleging domestic abuse and financial neglect. She sought interim maintenance, stating that she had no regular income to maintain herself.
The husband opposed her request by claiming that he was unemployed and had no steady income. He also insisted that the wife was financially secure because of properties, investments, and assets she had received from her family.
Despite these claims, the trial court granted interim maintenance of ₹50,000 per month to the wife. This order was later confirmed by the sessions court. The husband then approached the High Court, challenging both decisions.
While examining the husband’s plea that he had no income, the High Court closely analysed his bank statements and income tax records. The Court noted regular financial transactions in previous assessment years and observed that the material on record indicated a lifestyle that did not match his claim of financial difficulty.
On the husband’s argument that the wife was educated and therefore capable of earning, the Court firmly rejected this reasoning. It held that educational qualifications or assumed earning potential alone cannot be a valid ground to deny interim maintenance.
“What is relevant for consideration is whether her actual income, if any, is sufficient to sustain herself in a manner befitting the status and lifestyle she was accustomed to during the marriage. On the material presently available, no such conclusion can be drawn in favour of the petitioner-husband”
-it added.
The Court also dismissed the husband’s claim that the wife was financially superior or self-sufficient. It examined the documents produced by him and found that they did not support his argument.
“The documents produced by the petitioner in this regard pertain largely to the sale of inherited assets, maturity of fixed deposits, or isolated transactions, none of which establish a regular or recurring source of income on the part of the respondent”
-it opined.
Finding no error in the earlier orders, the High Court concluded that the interim maintenance of ₹50,000 per month was reasonable considering the facts and circumstances of the case. The Court further clarified that this amount would also take care of the wife’s residential expenses.
Explanatory Table: Laws and Sections Involved
| Law / Statute | Section | Simple Explanation | How It Was Applied in This Case |
| Protection of Women from Domestic Violence Act, 2005 | Section 12 | Allows an aggrieved woman to approach the court for reliefs like protection, maintenance, and residence | Wife filed a complaint alleging domestic violence and financial neglect |
| Protection of Women from Domestic Violence Act, 2005 | Section 23 | Empowers the court to grant interim and ex-parte reliefs | Trial Court granted interim maintenance of ₹50,000 per month |
| Protection of Women from Domestic Violence Act, 2005 | Section 29 | Provides a right to appeal against orders passed by the Magistrate | Husband filed an appeal before the Sessions Court, which was dismissed |
| Protection of Women from Domestic Violence Act, 2005 | Section 19 | Deals with residence orders | Earlier order under this section was held irrelevant for deciding maintenance |
| Supreme Court Precedent | Manish Jain v. Akanksha Jain (2017) 15 SCC 801 | Parents’ financial status of wife is irrelevant for maintenance | Relied upon to reject husband’s argument based on wife’s family wealth |
| Supreme Court Precedent | Rajnesh v. Neha (2021) 2 SCC 324 | Education or earning potential alone cannot deny maintenance | Used to reject claim that wife’s qualifications bar interim maintenance |
Case Summary
| Particular | Details |
| Case Number | CRL.REV.P. 51/2025 |
| Connected Applications | CRL.M.A. 3555/2025 & CRL.M.A. 29426/2025 |
| Case Title | DK (Husband) v. AY (Wife) |
| Court | Delhi High Court |
| Bench | Dr. Swarana Kanta Sharma |
| Date Reserved | 31.10.2025 |
| Date Pronounced | 10.12.2025 |
| Date Uploaded | 15.12.2025 |
| Nature of Matter | Criminal Revision Petition challenging interim maintenance |
| Interim Maintenance | ₹50,000 per month (inclusive of residence expenses) |
| Trial Court | MM, Mahila Court-01, Patiala House Courts, Delhi |
| Sessions Court | ASJ-04, Patiala House Courts, New Delhi |
| Outcome | Revision Petition dismissed; maintenance upheld |
Counsels Appearing
| Party | Advocates |
| Petitioner (Husband) | Prashant Mendiratta, Janvi Vohra, Akshat Kaushik, Veenu Singh, Vaishnavi Saxena, Aamya |
| Respondent (Wife) | Nawal Kishore Jha |
Key Takeaways
- Inheritance ≠ Income
The Court has again confirmed that a wife’s inherited property, family gifts, or stridhan are not treated as her income, even if they are substantial or one-time monetised. - Lifestyle Beats Actual Dependency Check
Maintenance is decided more on the marital lifestyle and social status than on strict proof of present dependency, making interim maintenance easier to secure. - Husband’s “Capacity” Is Broadly Interpreted
Courts can assume income from family businesses, lifestyle indicators, and past transactions, even when current employment is denied or unclear. - Education or Earning Potential of Wife Is Irrelevant
A qualified or capable wife can still get maintenance unless she proves stable, recurring income sufficient to match matrimonial living standards. - Burden Heavily on Husband at Interim Stage
At the interim stage, doubts about income, concealment, or lifestyle are resolved against the husband, reinforcing the need for men to maintain strong financial disclosure and litigation strategy early.
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