Overview
- Delhi High Court directed the wife to file an undertaking to return all interim maintenance with 6% annual interest if a trial court ultimately finds she lived in adultery.
- While setting the repayment safeguard, the Delhi court declined to disturb earlier interim awards absent trial proof, noting adultery allegations must be adjudicated at trial.
- In the Delhi matter, a 2021 order granting Rs 26,000 per month was upheld in 2023, and the case now proceeds for evidence on the husband’s claims the wife disputes as fabricated.
- The Andhra Pradesh High Court on February 9 dismissed a husband’s challenge and affirmed maintenance as a right, leaving in place Rs 7,500 for the wife and Rs 5,000 for their minor son from a Vijayawada family court order.
- The Allahabad High Court on February 5 upheld Rs 15,000 monthly maintenance despite the wife’s reported earnings, citing Supreme Court precedent that a wife’s income alone does not bar support and emphasizing dignity and status-based assessment.