Delhi HC: Whether wife is entitled to get maintenance if her expenses are more than her recurring income?

The appellant has relied upon her monthly expenditure, which according to her affidavit is approximately Rs. 1,16,150/-, apart from litigation expenses. The mere assertion of an expenditure figure, however, cannot be treated as conclusive. Section 24 requires the Court to determine the reasonable needs of the applicant. The assessment necessarily has to take into account the age of the parties, their present circumstances, their established standard of living, their medical requirements, residential expenses and other genuine necessities. {Para 21}

22. The fact that a particular expenditure has been disclosed in an affidavit does not make the expenditure, by itself, an expenditure which the other spouse is statutorily liable to fund. The Court has to distinguish between expenses which are necessary for reasonable support and expenses which represent discretionary expenditure or a manner of deployment of one's resources which cannot automatically be fastened upon the other spouse.

 The fact that the appellant’s disclosed expenditure exceeds her recurring income cannot, by itself, lead to the conclusion that she is entitled to maintenance under Section 24. The expenditure claimed must first be assessed for reasonableness.Section 24 is intended to secure reasonable support and the necessary expenses of litigation; it does not contemplate reimbursement of every item of expenditure disclosed by the claimant irrespective of its nature or necessity.

IN THE HIGH COURT OF DELHI AT NEW DELHI 

  MAT.APP.(F.C.) 109/2022

 MEENAKSHI BATRA  Vs  VIJAY KUMAR BATRA 

CORAM: HON’BLE MR. JUSTICE VIVEK CHAUDHARY HON’BLE MS. JUSTICE RENU BHATNAGAR

Dated: 08.10.2026.

Read full judgment here: Click here.

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