In Tasmeer Qureshi v. Asfia Muzaffar, the Delhi High Court held that a Family Court cannot fix interim maintenance without recording a clear assessment of the husband’s income. While concealment of income permits an adverse inference, the Court must still determine actual or notional monthly income before fixing the quantum. Since the Family Court failed to disclose the income basis for the amount awarded, the High Court set aside the order and remanded the matter for fresh determination in accordance with law and the principles laid down in Rajnesh v. Neha.

Before setting out the relevant extracts, the Court emphasized that maintenance cannot be fixed in vacuum and must reflect a reasoned assessment of income.

Relevant Extracts from the Judgement :

“9. Apparently, it is the petitioner’s case that he had left his job on 04.01.2019, therefore, it is questionable as to how there were credit entries of Rs.15,45,131/- in the period 2021–23, in case he was unemployed.”

“10. In these circumstances, the learned Family Court drew an adverse inference that the petitioner is a man of means and has sufficient capacity to maintain the respondent and their minor child.”

“17. However, the order does not disclose any assessment – either actual or notional – of the petitioner’s monthly income on the basis of which this quantum was determined.”

18. In view of the above discussion, this Court is of the opinion that the impugned order cannot be sustained in its present form. While the learned Family Court rightly observed that the petitioner had concealed his true income and possessed sufficient means, it proceeded to fix the amount of maintenance without recording any assessment of his income or indicating the basis on which the figure of ₹20,000/- per month was arrived at.

“19. Accordingly, the impugned order is set aside and the matter is remanded back to the learned Family Court for a fresh determination of interim maintenance…”

From Paras 47 to 49, A caution was sounded.

46. However, the method must be applied with accuracy and care. Minimum wages are not uniform across India; they vary by State/Union Territory, by scheduled employment, and by skill category (unskilled, semi-skilled, skilled, or highly skilled), and they are periodically revised. The learned Family Courts must therefore:
(i) identify the correct State,
(ii) determine the appropriate skill category on a prima facie view of the husband‟s qualifications, experience and past vocation, and
(iii) note the effective date of the minimum wage schedule relied upon.
47. Orders that simply assume “minimum wages in Delhi” without examining whether the husband resides or is ordinarily employed in another State result in a higher or lower income assessment. For instance, if the husband resides in the State of Haryana and there is no proof that he is employed in Delhi, the minimum wage schedule applicable in Haryana has to be applied. The inadvertent practice of applying Delhi’s minimum wages merely because the proceedings are before a court in Delhi or because the wife resides in Delhi ought to be avoided.
48. However, it is also to be considered that minimum wages are a floor, not a ceiling. If the record supports a higher prima facie income (for instance, on the basis of prior salary slips, tax returns, bank account statements, etc.), the Family Court should assess the income accordingly rather than resorting to default minimum wages.
49. It must also be borne in mind that minimum wages notified by each State are periodically revised. Therefore, while determining the income for a past period, the Family Court must refer to the minimum wages that were in force at that time, and not to the rates prevailing on the date of the order. For instance, if the income of the husband for the year 2022 is under consideration, the Court should take into account the minimum wages applicable in 2022 for the relevant category and State, rather than the revised figures of 2025.

Citation: [2025:DHC:9479]

Other Sources:

https://indiankanoon.org/doc/107706650/

Index of maintenance judgements under 125 Cr.P.C is here.

Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B, LL.M.
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