The Delhi High Court has made it clear that a husband cannot avoid paying maintenance to his wife and children by quitting his job or taking voluntary retirement. The court said that financial responsibility towards family is a continuing duty and cannot be bypassed by deliberately reducing income.

Court says quitting job is not an excuse

The observation came while the court was hearing a man’s appeal against a family court order directing him to pay maintenance to his estranged wife and children. The man argued that he had retired early and had limited income, making it difficult for him to pay the ordered amount. Rejecting his plea, the court stressed that maintenance should not be calculated only on current earnings but on a person’s overall earning capacity. It is noted that a capable individual is expected to earn and support their family.

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Court flags misuse of job status in disputes

The court also pointed out a common trend in matrimonial disputes where parties may hide or manipulate their income. It was observed that some well-qualified husbands quit jobs to show a lower income and avoid paying proper maintenance. In such cases, the court said it can make a reasonable estimate of a person’s income based on qualifications, past earnings and overall financial condition. This ensures that justice is not affected by incomplete or misleading financial disclosures.

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The bench further noted that simply claiming to have no income after retirement cannot be accepted without proof, especially if the person is capable of working. The ruling reinforces that maintenance is a legal obligation and not optional. It also sends a strong message against attempts to misuse employment status to avoid financial responsibilities in family disputes.