Overview
- The Allahabad High Court upheld a Prayagraj family court’s refusal of interim spousal maintenance under Section 24 of the Hindu Marriage Act to a gynaecologist whose tax returns showed income above Rs 31 lakh, while allowing maintenance for the children under Section 26.
- The bench said courts may deny support when a qualified spouse refrains from working only to shift the financial load to the other partner.
- The Gujarat High Court affirmed a 2021 family court order directing Rs 50,000 a month to a wife undergoing cancer treatment under Section 125 of the Criminal Procedure Code after the husband failed to prove his claimed business closure.
- Justice Hasmukh D. Suthar applied the able‑bodied presumption and held the onus lies on the husband to show real inability to pay with documents rather than assertions about recession or loans.
- Across the coverage, courts reiterated that a wife’s mere earnings do not bar maintenance, with the key inquiry being whether her income sustains the standard of living enjoyed during marriage, a principle likely to steer future family court awards.