The Delhi High Court has ruled that delaying maintenance denies the dignity and survival of a dependent wife and child. Justice Swarana Kanta Sharma emphasized that maintenance is a legal and moral duty, not a favor. The case involved a husband challenging a family court order directing him to pay ₹45,000 per month to his wife and minor child. The husband failed to prove that the wife had any income or job. He also claimed his parents were dependent on him but submitted no evidence. The Court stressed that paying EMIs on an ancestral house cannot override the wife and child’s statutory right to maintenance. Justice Sharma stated that even a one-day delay in maintenance causes severe hardship and anxiety to those financially dependent.
The Court held that while the husband lives in financial security, the Wife struggles to meet basic needs like food, shelter, and education for the child. The Court modified the order slightly, fixing interim maintenance at ₹22,500 for the wife and ₹17,500 for the child per month. The ruling reinforced that maintenance ensures dignity, stability, and must be paid on time.
