Delhi High Court: Wife Entitled to Maintenance Even if Claim is Filed After Husband’s Divorce Petition

The Delhi High Court has held that a wife cannot be denied maintenance merely because she applied for it after her husband filed for divorce.

The Court disagreed with the order of the family court, which denied maintenance on the ground that the woman chose not to work and that she filed an application only after the husband sought for divorce. 

Observing that she had been raising a newborn child single-handedly, the Court directed the husband to pay ₹2 lakh as maintenance to the wife and child from the date of the application.

[Sapna Giya v Deepak Giya]