Court holds that complete deafness and inability to speak do not absolve husband of duty to maintain wife and minor child; interim maintenance reduced from ₹8,000 to ₹6,000 per month on prima facie assessment.
In a significant judgment delivered on October 12, 2026, the Delhi High Court addressed the sensitive issue of interim maintenance involving a husband who is completely deaf and unable to speak, thus suffering from 100% disability. The petitioner, Arif, challenged an order of the Family Court, South District, Saket Courts, which had granted interim maintenance of ₹8,000 per month to his wife, Savia @ Raviya, and their minor child.
The petitioner contended that his disability rendered him incapable of earning any livelihood beyond receiving a disability pension, and that the Family Court's assessment of his earning capacity on the basis of minimum wages for an unskilled worker was misplaced. He submitted a government-issued disability certificate and bank statements showing disability pension credits as proof of his limited income.
However, the High Court, presided over by Mr. Sanjeev Narula, J., upheld the principle that while disability may reduce earning capacity, it does not entirely eliminate the obligation to maintain one's family, especially when the disability existed prior to marriage and parenthood. The Court emphasized that the petitioner, having voluntarily entered into marriage and fathered a child, cannot evade his responsibility to support them.
The Court observed that the petitioner was of good physique and capable of undertaking work, thus justifying the Family Court's use of the minimum wage for an unskilled worker as a benchmark to assess his earning capacity. It further noted that the needs of the wife and, more critically, the minor child must be given due weight.
On a prima facie basis, the Court modified the interim maintenance amount, reducing it from ₹8,000 to ₹6,000 per month, with ₹4,000 allocated for the minor child and ₹2,000 for the wife. The arrears of interim maintenance were ordered to be recalculated accordingly, and the petitioner was directed to clear the outstanding amounts within the stipulated timeline.
The Court clarified that these observations were provisional and confined to the interim stage, with no final opinion expressed on the merits of the revision petition. The matter was scheduled for re-notification on February 8, 2027.
This judgment underscores the judicial approach that physical disability does not grant absolute exemption from family maintenance obligations, while also recognizing the need to balance the petitioner's earning capacity against the sustenance requirements of the dependents.
Bottom Line:
Interim maintenance - Husband suffering from 100% disability, being deaf and unable to speak, cannot avoid obligation to maintain wife and minor child solely on ground of disability, particularly when disability existed prior to marriage and parenthood - Court can assess earning capacity on basis of minimum wages and reduce interim maintenance on prima facie consideration.
Statutory provision(s):
Family Courts Act, 1984 Section 19(4), Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 438, 442, 528
Arif v. Savia @ Raviya, (Delhi) : Law Finder Doc Id # 2996342
