Delhi High Court Sets Aside Maintenance Order for Reevaluation

Family Court Directed to Reassess Maintenance in Light of Concealed Income and Lack of Reasoning

In a significant judgment, the Delhi High Court has set aside an interim maintenance order issued by the Family Court, directing it to reassess the maintenance amount for Tasmeer Qureshi's wife and minor son. The revision petition, filed by Qureshi, challenged the Family Court's order directing him to pay Rs. 20,000 per month as interim maintenance, citing inadequate consideration of his financial incapacity and lack of reasoning in determining the amount.

Justice Dr. Swarana Kanta Sharma, presiding over the case, emphasized the necessity for Family Courts to conduct a thorough assessment of income and financial capacity while deciding maintenance matters. The Court noted that Qureshi had failed to disclose his true income and had concealed ownership of assets, such as a Volkswagen Polo car and an ICICI Bank account. Despite claiming unemployment, substantial bank transactions suggested otherwise.

The Family Court’s order was criticized for not providing a clear basis or rationale for the maintenance figure of Rs. 20,000. Justice Sharma highlighted the importance of indicating at least a tentative assessment of the petitioner’s income to form the foundation for maintenance determination, even at an interim stage.

The judgment also reiterated the guidelines established by the Supreme Court in "Rajnesh v. Neha," stressing the need for comprehensive affidavits of assets and liabilities to ensure transparency and fairness in maintenance proceedings. The High Court underscored that a spouse's past employment or educational qualifications do not automatically equate to current employability, particularly after years dedicated to family responsibilities.

The High Court remanded the case back to the Family Court for a fresh determination of interim maintenance within one month, ensuring that the revised order reflects judicial reasoning and consideration of all relevant factors. The judgment also called for broader adherence to Supreme Court guidelines and emphasized the judicial responsibility to balance legal principles with human conditions in maintenance cases.

Bottom Line:

Maintenance - Assessment of income and quantum of maintenance must be based on comprehensive evaluation of financial disclosures, material evidence, and social realities. Courts must approach maintenance proceedings with sensitivity, balancing legal principles and human conditions, while adhering to guidelines laid down by the Supreme Court in Rajnesh v. Neha.

Statutory provision(s): Section 125 of the Code of Criminal Procedure, 1973

Tasmeer Qureshi v. Asfia Muzaffar, (Delhi) : Law Finder Doc Id # 2800629