Husband’s Appeal Dismissed in Interim Maintenance Dispute

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New Delhi, February 22, 2024 — In a recent judgment, the High Court of Delhi dismissed the appeal filed by the appellant/husband in the case of matrimonial discord against the respondent/wife. The dispute revolves around the interim maintenance order issued by the Family Court, directing the husband to pay Rs. 1,00,000/- per month to the wife until the final decision in the divorce proceedings.

Background of the Case

The appeal (MAT.APP.(F.C.) 106/2019) was filed by appellant/husband, challenging the Family Court’s order dated March 18, 2019. The Family Court had disposed of the wife’s application under Section 24 of the Hindu Marriage Act, 1956, directing the husband to pay interim maintenance during the pendency of the divorce petition.

Mediation and Interim Orders

The parties were initially referred to mediation, but it proved unsuccessful. The husband was initially directed to pay Rs. 40,000/- per month by an interim order dated May 8, 2019, which was later increased to Rs. 25,000/- per month. The court, in subsequent orders, directed the filing of income affidavits and requisitioned the Trial Court Record.

Facts of the Case

The couple married on February 9, 1996, and has two children. The husband took on the responsibility of raising his sister’s two children after her demise in 1998. The wife previously filed a complaint under the Protection of Women from Domestic Violence Act, 2005, which was dismissed in 2016. The present case stems from the wife’s petition for divorce filed in 2017.

Husband's Contention

The husband contested the Family Court’s assessment of his income, claiming to be an Assistant Engineer with a monthly salary of Rs. 1,04,774/-. He argued financial commitments towards all four children and challenged the wife’s assertions about his additional income sources.

Wife's Counterarguments

The wife, in response, presented documents such as Income Tax Records, Balance Sheets, and Bank Statements to establish the husband’s substantial income from rental properties, businesses, and other sources. She highlighted his ownership of a resort and luxury cars.

High Court's Analysis

The High Court carefully considered the evidence, noting discrepancies in the husband’s claims. It highlighted the lack of clarity on rental income, citing a dubious Rent Agreement for the Noida Property. The court also questioned the husband’s financial choices, including significant loans and lavish expenses.

Court's Verdict

The High Court, in its judgment, upheld the Family Court’s decision, emphasizing that the husband failed to transparently disclose all income sources. It maintained the monthly maintenance amount of Rs. 1,00,000/-, considering the husband’s means and the wife’s health conditions.


The dismissal of the husband’s appeal reaffirms the importance of full financial disclosure in matrimonial disputes. The court’s decision underscores the need for honesty and transparency in financial matters during divorce proceedings.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 106/2019. It can serve as a valuable resource for legal reference.

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