Delhi High Court Upholds Interim Maintenance for Muslim Wife and Child; Adjusts Child’s Allowance

Court reaffirms husband's statutory duty under Section 125 Cr.P.C., while making minor adjustments to interim maintenance for minor child.

In a significant judgment delivered on December 10, 2025, the Delhi High Court upheld the interim maintenance order for a Muslim wife and her minor child under Section 125 of the Criminal Procedure Code (Cr.P.C.), while making a slight modification to the amount allocated for the child. The court was presided over by Dr. Swarana Kanta Sharma, J., who adjudicated on the revision petition filed by Parwez Khan against the interim maintenance order previously passed by the Family Court, Saket, New Delhi.

The case, titled Parwez Khan v. Shabnam Ara, involved the petitioner challenging the Family Court's decision to grant Rs. 15,000 per month each to his estranged wife, Shabnam Ara, and their minor daughter. The petitioner contended that the wife, being well-educated, was capable of supporting herself and that his financial commitments towards his elderly parents and divorced sister were not duly considered.

The High Court, while examining the matter, emphasized the purpose of Section 125 Cr.P.C., which aims to prevent destitution and ensure dependents' sustenance. The court underscored that the statutory duty to maintain one's wife and child cannot be overshadowed by moral obligations towards other family members. The court reaffirmed the Family Court's assessment of the husband's monthly income at approximately Rs. 60,000, which formed the basis for the maintenance determination.

Notably, the court applied the "family resource cake" principle, ensuring an equitable division of the husband's income among the family. This resulted in the court modifying the interim maintenance for the minor child from Rs. 15,000 to Rs. 10,000 per month, acknowledging the child's tender age and needs. However, the maintenance for the wife was upheld at Rs. 15,000, deemed reasonable given her lack of independent income and medical condition.

The judgment also clarified that voluntary financial obligations such as loan EMIs do not constitute mandatory deductions when calculating maintenance. The court ruled that such personal financial commitments cannot dilute the statutory maintenance liability under Section 125 Cr.P.C.

This decision highlights the judiciary's commitment to balancing legal duties with equitable considerations, ensuring that statutory obligations prevail over personal financial preferences. The ruling serves as a reminder of the protective measures enshrined in Indian law for dependents' welfare, affirming the courts' role in safeguarding these rights.

Bottom Line:

Interim maintenance under Section 125 Cr.P.C. ensures sustenance for dependents; moral obligations do not override statutory duty.

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

Parwez Khan v. Shabnam Ara, (Delhi) : Law Finder Doc Id # 2820312