A division bench of Delhi High Court held as follows,

From Paras 22-24,

22. However, at this stage, it is imperative to note that the learned counsel for the appellant has also challenged the impugned order insofar as the monthly maintenance of Rs. 5,000/- per month has been awarded to the respondent from the date of filing of her application, i.e., from 08.01.2021. The challenge is on the ground that the respondent herself has admitted that she was employed as a sales helper in Bata showroom till June 2024 and thus, the finding of the learned Family Court in awarding maintenance w.e.f. 08.01.2021 is erroneous and liable to be set aside.
23. This Court finds merit in the aforesaid contention. Apart from the petition filed under Section 25 of the Guardian and Wards Act, 1860 on 08.01.2021 by the respondent/wife, wherein, she had stated that she is financially independent and thus capable of securing a future for her daughter, even as per the respondent’s affidavit dated 05.11.2024 filed before the learned Family Court, she stated that while she was employed as a sales helper in a Bata showroom on Saturdays and Sundays for an income of Rs. 7,000/- per month, she was ousted from her job in June 2024, as the owner of the showroom did not require extra staff. Hence, admittedly, at the time of filing of the maintenance application in 2021, the respondent was employed and earning.
24. Keeping in view the respondent’s employment from the period of March 2020 till June 2024, it is held that she is not entitled to the interim maintenance with effect from the date of filing of her application, i.e., 08.01.2021 up till June 2024 as granted by the learned Family Court.

Citations:

Other Sources:

Highlights:

HMA Divorce filed in 2021 and Interim Order (HMA24) passed by Family Court in Nov 2024.
Mat.Appeal filed in High Court in 2024 and partly allowed in Sep 2026.

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