Delhi High Court’s important comment on Stridhan, said- Gift and inheritance cannot be considered a source of income.
The Delhi High Court has recently made an important observation in a case that ‘Stridhan’, i.e. property inherited by the wife or gifts received from her parents/relatives, cannot be considered as a source of her income. The High Court clarified that in such a case, the wife’s claim for maintenance from the husband can be rejected if it is proved that her financial condition is fulfilled by such property.
The Delhi High Court has made it clear on the claim of maintenance that the present earning capacity of the wife and the kind of life she was used to during the marriage should be the basis, and not the financial condition of her parents. Justice Swarn Kanta Sharma said that the potential or theoretical ability to earn cannot be a substitute for actual financial freedom. The court also clarified that stridhan, inherited property or gifts received from parents/relatives will not be considered as sources of income, thereby rejecting the claim of maintenance from the husband.
The Delhi High Court has said that it is expected from a healthy husband that he can earn enough to maintain his dependents. The court made it clear that it is the responsibility of the husband to present credible evidence before the court to prove that he is actually incapable of fulfilling this responsibility. Justice Swarn Kanta Sharma also said that maintenance should be assessed on the basis of the wife’s current earning capacity and her ability to maintain her standard of living during the marriage, and not on the property or economic condition of her maternal parents.
The Delhi High Court has said that the educational qualification or estimated earning capacity of the respondent-wife cannot in itself be a valid ground for refusing to grant interim maintenance to her. The Court clarified that the main point to be considered is whether the actual income of the wife, if any, is sufficient to maintain herself as per her standard of living and habits during the marriage. Justice Swarn Kanta Sharma also said that maintenance should be determined on the basis of the wife’s current earnings and her ability to maintain her standard of living during the marriage, and not on the property or financial condition of her parents.
The Delhi High Court in the court of Justice Swarn Kanta Sharma dismissed a husband’s plea challenging a trial court order directing him to pay interim maintenance of Rs 50,000 per month to his wife. The Court found that the husband was living a lifestyle that was completely disproportionate to the financial hardship he claimed. The judge said this clearly refutes the husband’s claim of unemployment or financial inability. The court directed the husband not to influence the amount of interim maintenance on any pretext in future.
Relying on the wife’s inherited property, gifts received from the family and the financial background of her parents is not sufficient to accept the husband’s argument. The court said that since the wife had sufficient independent resources, she was not entitled to maintenance. The court further said that the documents produced by the husband mostly related to sale of inherited property, maturity of fixed deposits or some isolated transactions. None of these proves to be a regular or recurring source of income for the wife.
The Delhi High Court has said that the wife’s standard of living was clearly high during the marriage and it is not fair to assume that she should compromise on her standard of living merely because the husband is trying to understate or hide his financial position. The court clarified, “Alimony should not be decided by mathematical precision but by ensuring that the dependent spouse can live comfortably in accordance with the standard of living enjoyed during the marriage.” Justice Swarn Kanta Sharma also underlined that the wife’s actual income, education or estimated earning capacity cannot be the basis for granting or not granting maintenance.
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