Case:- SMT GEETA & ANR. vs THE STATE ( GOVT.OF NCT.OF DELHI ) & ANR.
Citation:- 2025:DHC:7930
Date:- 10.09.2025
Delhi High Court Bench:- JUSTICE DR. SWARANA KANTA SHARMA
The Hon’ble Delhi High Court has held that Courts can draw adverse inference of a wife’s failure to produce her latest salary slips, in order to show insufficiency of income or financial hardship, to claim maintenance from husband.
- The Hon’ble Court said that under Section 125 Cr.P.C., the wife must prove that she is unable to maintain herself. Without proper evidence of financial hardship, her claim cannot be accepted.
- In this case, the Family Court had already denied maintenance to the wife because she hid details of her income. Her December 2016 salary slip showed ₹33,052 per month, but she claimed she was now earning only ₹10,000 as a temporary teacher in U.P. Government.
- Despite being asked, she did not submit any recent salary certificate and also failed to give a proper explanation for not doing so. The family court ordered the husband to maintain their daughter, residing in custody of the wife, it denied relief to the Petitioner stating that she concealed her real income and had failed to produce her recent salary certificate.
- The Hon’ble High Court agreed with the Family Court that such concealment casts doubt on her claim and justifies refusing maintenance.
