Delhi’s Tis Hazari Court has recently passed an order disentitling a woman from getting the maintenance from her husband because she has a dual MBA and a good earnings.
This was evident from the ITR & FDs of the woman. However, this fact wasn’t disclosed by the wife.
Additional Sessions Judge Aanchal set aside the magisterial court order directing a husband to pay Rs 15,000 per month in maintenance to his wife.
On April 8, 2022, the couple has challenged an order passed by the magistrate court, directing the husband to pay Rs. 15000 to his and Rs. 15000 for his minor son’s maintenance.
Furthermore, the husband had prayed to the session court to modify the order and disentitle his wife from getting the maintenance.
On the other hand, the wife sought a direction to enhance the maintenance to Rs.1.25 lakh.
However, while deciding the appeals, the court noted that the wife who was an MBA had not come to court with a clean hand, she has concealed the fact that she had a good source of income and could maintain herself.
The court has stated that so once it has come on record that the wife had been concealing her source of income, the court can neither draw (the inference) that the wife who is otherwise working and earning is unable to maintain herself nor can draw that she is living in a status lower than what she had been used to at her matrimonial home.
The court held in the order passed on April 5 that, “So, the husband can’t be directed to give her maintenance, enabling her to maintain a particular standard of living.”
The Court held that the Court is of the view that the wife is not entitled to maintenance for omission in disclosure of true particulars on her part and an income earned by her.
The wife moved to court in September 2020, seeking maintenance for her minor son and herself under the Protection of Women from Domestic Violence Act 2005.
