No Presumption of Wife’s Earning Capacity Without Proof at Interim Stage: Delhi High Court

The Delhi High Court held that there is no presumption of a wife’s earning capacity at the interim maintenance stage without prima facie proof.

The case arose from a 2021 marriage under Muslim rites, where the wife sought maintenance as a housewife with no independent income or property.

The husband claimed she earned ₹10,000 as a nursery teacher but produced no proof.

The Court assessed the husband’s income using minimum wages and enhanced interim maintenance from ₹2,500 to ₹3,500 per month, payable from the filing date of the Section 125 CrPC application, with adjustment of amounts already paid.

[Arshi Parveen v. Maqsood@Sonu]