The Supreme Court of India has directed a man who claimed to earn only ₹325 per day to pay ₹10,000 per month as maintenance to his estranged wife, after expressing doubts over his stated income.
The Court observed that the claimed monthly income of around ₹9,000 appeared inconsistent with the financial capacity and living standards presented in the case.
Supreme Court Maintenance Order: Background of the Case
The dispute arose between an estranged couple where the wife sought maintenance under applicable family law provisions. The husband claimed he was earning only ₹325 per day, which amounted to approximately ₹9,000 per month.
However, during earlier hearings, the Supreme Court expressed scepticism regarding this income claim, noting that it did not appear credible based on the overall circumstances.
Supreme Court Maintenance Order: Court’s Reasoning
The Court found that:
- The husband’s income claim lacked supporting evidence
- Basic living standards suggested higher earning capacity
- Maintenance cannot be denied based on unverified income assertions
The Court therefore fixed maintenance at ₹10,000 per month as a reasonable amount.
Supreme Court Maintenance Order: Legal Principle
The ruling reinforces the principle that maintenance is determined based on realistic earning capacity and social conditions, not merely self-declared income.
Courts are empowered to assess income based on:
- Lifestyle and living standards
- Available evidence and conduct
- Presumptive earning capacity
Impact of the Judgment
This order highlights key aspects of maintenance law:
- Self-declared low income does not automatically reduce liability
- Courts can reject unsubstantiated income claims
- Maintenance aims to ensure dignity and basic financial support
Conclusion
The Supreme Court maintenance order reflects a consistent judicial approach that ensures fair financial support to estranged spouses while discouraging exaggerated claims of low income.













