SB v. HB, 2025
The High Court clarified that being employed is not a bar to claiming maintenance where there's a stark income gap.
Judgement Details
Court
Delhi High Court
Date of Decision
12 September 2025
Judges
Justice Renu Bhatnagar & Justice Navin Chawla
Citation
Acts / Provisions
Facts of the Case
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The appellant-wife is an Assistant Professor at Delhi University, earning over ₹1,00,000 per month.
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The respondent-husband has an annual income of over ₹1.5 crores.
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The Family Court denied maintenance to the wife and granted only ₹35,000 per month for the child, who resides with the wife.
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The wife appealed against this decision, seeking interim maintenance under Section 24 HMA for herself and her daughter.
Issues
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Can a working and highly qualified wife be denied maintenance under Section 24 HMA?
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Does earning capacity alone defeat a claim for maintenance when there exists a stark economic disparity?
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What is the correct interpretation of "sufficient independent income" under Section 24?
Judgement
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The Delhi High Court set aside the Family Court’s order, holding that it failed to account for the qualitative disparity in financial status.
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The Court enhanced the maintenance to ₹1,50,000 per month (combined for wife and daughter).
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It reiterated that Section 24 is meant to ensure parity of lifestyle, not mere subsistence.
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The wife’s income, although substantial in isolation, was deemed inadequate relative to the husband's lifestyle and income.
Held
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The Wife is entitled to interim maintenance, despite being employed and highly qualified.
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Section 24 HMA must be interpreted in light of relative financial status and lifestyle during the marriage.
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The Financial self-sufficiency is a relative concept, not absolute.
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The Family Court erred in denying maintenance solely based on the wife’s employment.
Analysis
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This judgment reaffirms the principle that economic parity between spouses must be maintained post-separation, especially during litigation.
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The High Court clarified that being employed is not a bar to claiming maintenance where there's a stark income gap.
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It rejected the argument that Section 24 is being misused to create an "army of idle persons".
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The ruling underscores the equitable objective behind Section 24 ensuring that litigation does not economically handicap the weaker spouse.
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It sets a progressive precedent, especially relevant in high-income disparity marriages involving working spouses.