B v. N
Delhi High Court
•
16 September 2026
•
MAT.APP.(F.C.) 439/2024
Case Summary
Under Section 24 of the Hindu Marriage Act, 1955, interim maintenance depends upon the parties’ actual financial position. Employment alone is not conclusive; however, where the claimant admits financial independence during a particular period, maintenance may be denied for that period and awarded after employment ceases.
Coram:
Justice Vivek Chaudhary and Justice Renu Bhatnagar
Area of Law:
Matrimonial Law — Section 24 Hindu Marriage Act, Interim Maintenance & Assessment of Financial Capacity
Citation:
MAT.APP.(F.C.) 439/2024
Date:
16 September 2026
Legal Issue
Whether a wife is entitled to pendente lite maintenance under Section 24 of the Hindu Marriage Act, 1955 for a period during which she was employed and had asserted financial independence.
The Court also considered whether the Family Court’s assessment of the husband’s income at ₹22,000 per month and award of ₹5,000 per month maintenance warranted interference.
Brief Facts
The parties married in October 2015 and had one child. Owing to matrimonial discord, they started living separately in November 2020.
The wife instituted divorce proceedings under Section 13(1)(ia) of the Hindu Marriage Act and sought interim maintenance under Section 24. The Family Court awarded her ₹5,000 per month from the date of application, 8 January 2021, until disposal of the divorce petition.
The husband challenged the order, asserting that the wife had worked at a Bata showroom from March 2020 to June 2024 and had described herself as financially independent in earlier proceedings. He also disputed the assessment of his income.
The wife’s affidavit disclosed that she was employed as a sales helper, earning ₹7,000 per month, until her employment ended in June 2024.
Held / Decision
The Delhi High Court partly allowed the appeal.
The Court upheld the Family Court’s assessment of the husband’s income at ₹22,000 per month and held that the maintenance amount of ₹5,000 per month was just, fair and reasonable.
However, the wife was held not entitled to interim maintenance from 8 January 2021 to June 2024 because she was employed and had admitted financial independence during that period.
Maintenance was directed to be paid from 1 July 2024, when she became unemployed. Other terms of the Family Court’s order were retained.
Important Observations
1. Section 24 requires assessment of real financial circumstances. The court must consider income, earning capacity, qualifications, liabilities and the standard of living during marriage.
2. Employment is a relevant factual consideration. A claimant’s employment and admitted financial independence may affect entitlement for the period of employment.
3. The inquiry is period-specific. The Court distinguished between the wife’s financial position while employed and after her job ended.
4. Income assessment is summary in nature. In Section 24 proceedings, courts make a prima facie assessment. Mathematical precision is not required.
5. Courts may draw inferences on income. Where complete income details are unavailable or unreliable, the court may assess earning capacity from the material on record.
6. A salary certificate is not conclusive. The husband’s certificate showing salary from his father’s business was unsupported by independent material and was not accepted as conclusive proof of income.
Full Headnote
Hindu Marriage Act, 1955 — Section 24 — Pendente Lite Maintenance — Financial Independence of Claimant Spouse — Employment During Pendency — Assessment of Income — Period-Specific Entitlement
The Delhi High Court considered an appeal against an order awarding pendente lite maintenance of ₹5,000 per month to the wife from the date of her Section 24 application.
The record showed that the wife was employed from March 2020 until June 2024 and had asserted financial independence in earlier proceedings. Her employment ceased in June 2024.
Held: Entitlement to maintenance under Section 24 of the Hindu Marriage Act must be determined with reference to the actual financial position of the parties during the relevant period. Since the wife was employed and earning until June 2024, she was not entitled to maintenance from the date of application until that date.
The Court upheld the husband’s income assessment at ₹22,000 per month and the quantum of ₹5,000 per month, finding no reliable material to establish the lower income claimed by him.
Maintenance was therefore made payable from 1 July 2024, when the wife became unemployed. The appeal was partly allowed and the other terms of the Family Court’s order were retained.
Legal Significance
The ruling confirms that interim maintenance is not determined by a rigid rule based only on whether a spouse is employed. A court must examine the claimant’s actual income and financial independence during each relevant period, alongside the paying spouse’s earning capacity and liabilities. It is particularly relevant to proceedings under Section 24 of the Hindu Marriage Act where employment status changes during pendency of matrimonial litigation.
Disclaimer:
This case summary and headnote are provided for informational and
educational purposes. Readers should refer to the original judgment
for the complete text and authoritative legal position.