Delhi High Court Holds Wife’s Inherited Assets Or Family Wealth Cannot Be Used To Deny Interim Maintenance

The Delhi High Court upheld an order directing the husband to pay ₹50,000 per month as interim maintenance under the Protection of Women from Domestic Violence Act. The Court ruled that a husband cannot rely on his wife’s inherited property or gifts from her family to deny maintenance.

The Court said maintenance must be assessed based on the wife’s actual income and her ability to maintain the standard of living enjoyed during marriage, not her natal family’s wealth.

It also held that a husband’s capacity to pay includes income from all legitimate sources, including family businesses.

Finding no error in the lower courts’ orders, the Court dismissed the husband’s challenge.

[Dhruv Kapoor v. Alka Yadav]