A Delhi court ruled on Wednesday that a person cannot be required to pay maintenance beyond their financial capabilities, even if the amount awarded to their estranged spouse falls short of meeting basic needs. The court emphasized that maintenance assessments must consider the actual or presumed income of the paying spouse.
The estranged wife claimed that the man owned a medical store and earned rental income from agricultural and commercial properties. The magistrate court had consequently assessed his income on the basis of minimum wages applicable in Uttar Pradesh, where he was residing. However, no documents were produced to substantiate these claims due to which the court noted that there was no evidence to establish the monthly income of the man.
The court made the observation while dismissing an appeal by a woman challenging an interim maintenance of ₹ 1,840 per month awarded by a magistrate under the Domestic Violence Act , news agency PTI reported.
The observation was made by Additional Sessions Judge Parveen Singh while hearing the plea said the contention that the amount was too meagre to enable the woman to survive in Delhi could not be disputed. “The court has to keep in mind that the appellant could only be awarded maintenance of income which the respondent no 2 (husband) was having or could be presumed to have,” the court reportedly said in an order dated September 1, 2026. “At the same time, the court has to keep in mind that the appellant could only be awarded maintenance of income which the respondent no 2 was having or could be presumed to have,” the judge was quoted as saying.
Court Ruling on Family Maintenance
In a recent ruling, the trial court applied principles from the Delhi High Court’s decision in the Annurita Vohra v Sandeep Vohra case. The court determined how to allocate income among family members to establish maintenance support. This decision underscores the legal framework guiding maintenance arrangements in family law.
