Summary: In a recent decision by the Delhi High Court, Mohd. Shoaib's request to cancel a maintenance order was denied. The court confirmed that he must pay Rs. 11,000 each month to his ex-wife and daughter.
Mohd. Shoaib and his wife got married on December 19, 2020, in Sambhal, Uttar Pradesh. Problems started when Shoaib said his wife left their home and later refused to come back. After attempts to fix things failed, he divorced her in 2021. Their daughter was born on December 9, 2021.
Shoaib's wife filed a complaint under a law protecting women from domestic violence, saying she was abandoned and not given financial support. She also said that Shoaib's family lied about his income and took her valuables. The Trial Court decided she should get Rs. 11,000 per month as temporary financial support, based on Shoaib's reported income.
"It is the moral duty of Mohd. Shoaib to support his wife and children."
Shoaib disagreed with the maintenance order, saying he only made Rs. 16,667 as a freelance tutor. He argued that his wife was well-educated and could support herself, as she had worked as a teacher and principal before.
The court found Shoaib's income claims hard to believe, noting that his spending was more than what he said he earned. They concluded he probably made more money and kept the maintenance amount the same.
"A person who is spending Rs. 3500/- on petrol must have enough income available."
Shoaib's wife said she couldn't work because she had to take care of their young daughter. The court agreed, noting that her responsibilities as a mother made it difficult for her to have a job.
On December 3, 2025, Justice Swarana Kanta Sharma rejected Shoaib's appeal and confirmed the maintenance order. The court stressed that the husband has a responsibility to support his wife and child, even after the divorce.
"The amount awarded is fair, reasonable, and matches the lifestyle and needs of the people involved."
This judgment shows the court's effort to ensure fair financial support for a spouse and child, even when there are marital problems.
