DELHI HIGH COURT: WORKING WIFE DENIED INTERIM MAINTENANCE FOR THE PERIOD SHE WAS EARNING

Can a husband be ordered to pay maintenance for a period when his wife was already earning? A significant 2026 judgment of the Delhi High Court addresses this question.


In B v. N, MAT.APP.(F.C.) 439/2024, decided on 16 September 2026, the Court modified a Family Court order directing a husband to pay ₹5,000 monthly from January 2021.


The wife had disclosed that she worked as a sales helper at a Bata showroom, earning ₹7,000 per month, until June 2024. The High Court held that she was not entitled to interim maintenance under Section 24 of the Hindu Marriage Act for that employment period. The ₹5,000 monthly maintenance was made payable from 1 July 2024, after she became unemployed.


Important: This does NOT mean every employed wife automatically loses maintenance. Courts consider actual income, financial circumstances and the applicable law. The Court also did not accept the husband’s claim that his income was lower than the Family Court’s assessment.


पत्नी की actual income और employment records को नज़रअंदाज़ नहीं किया जाना चाहिए। Husbands should preserve salary records, bank statements and relevant court pleadings and present reliable evidence.


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