In Arshi Parveen v. Maqsood, the Delhi High Court enhanced interim maintenance awarded under Section 125 Cr.P.C. The Court held that when a husband suppresses income details or provides incomplete, the Court can assess income on the basis of minimum wages applicable in the concerned State.

The Court held that the wife cannot be presumed to earn merely on allegation.

“8. Mere bald assertion that the wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to the respondent-husband at this stage. Accordingly, this Court is of the view that, for the purposes of grant of interim maintenance, the petitioner-wife cannot be presumed to be earning or being capable of maintaining herself.”

“10. In such circumstances, this Court is of the view that the income of the respondent-husband must be assessed on the basis of minimum wages. Extract from Tasmeer Qureshi case cited :Minimum wages provide a statutory and reasonable basis to assess a person’s earning capacity when there is no direct or reliable proof of actual income available on record.”

From Paras 13 and 14,

13. Accordingly, to serve the interests of justice, the interim maintenance payable to the petitioner-wife is enhanced from ₹2,500/- per month to ₹3,500/- per month, payable from the date of filing of the application under Section 125 of the Cr.P.C. subject to adjustment of any amount already paid.
14. The petitioner is directed to also clear the arrears of maintenance within a period of 03 months from date.

Citation : [2026:DHC:13]

Other Sources :

https://lawlens.in/doc/ad1b1315-b5cf-43f9-b8e0-b623d4374582

https://www.legalbites.in/bharatiya-nagarik-suraksha-sanhita/maintenance-fixation-must-use-minimum-wages-of-husbands-state-rather-than-courts-location-1237797

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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