“Delhi High Court: Non-Earning Spouse Cannot Be Forced to Show ITRs for Maintenance Claims”
“Court says absence of tax returns supports claim of unemployment”
“Judgment strengthens rights of dependent spouses seeking maintenance”
By Our Legal Reporter
New Delhi: January 03, 2026:
In a landmark ruling, the Delhi High Court has clarified that a non-earning spouse cannot be compelled to produce Income Tax Returns (ITRs) to prove unemployment. The decision came while upholding maintenance awarded to a wife and her minor daughter, stressing that demanding ITRs from someone without income is “asking for the impossible.” This judgment strengthens the rights of dependent spouses under family law.
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The Court observed that insisting on ITRs from someone without income is unreasonable and unfair. This ruling is expected to have a major impact on family law disputes, especially in cases where dependent spouses struggle to prove lack of earnings.
Case Background
- The appeal was filed under Section 19 of the Family Courts Act.
- The husband challenged an order granting maintenance to his wife and child.
- He argued that the wife had not produced ITRs to prove she was unemployed.
- The wife maintained that she had no independent income and was dependent on him.
Court’s Observations
- ITRs not mandatory for non-earners
- Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar held that demanding ITRs from a non-earning spouse is “asking for the impossible.”
- The absence of ITRs corroborates the claim of unemployment.
- Maintenance is a legal right
- The Court reaffirmed that maintenance is not charity but a legal obligation under family law.
- Spouses and children are entitled to financial support if they lack independent income.
- Welfare of dependents paramount
- The Court stressed that the welfare of the wife and child must be prioritised.
- Maintenance ensures dignity and sustenance for dependents.
Comparison Table: Maintenance Law Clarifications
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|
Issue |
Earlier Practice |
Delhi HC Ruling (2025) |
Impact |
|
Proof of unemployment |
Often demanded ITRs |
ITRs not required |
Easier for dependents to claim |
|
Maintenance obligation |
Sometimes treated as discretionary |
Legal right |
Stronger protection |
|
Burden of proof |
On dependent spouse |
Balanced |
Fairer process |
|
Welfare of child |
Considered secondary |
Paramount |
Child’s needs prioritised |
Wider Legal Context
- Supreme Court precedents: Courts have consistently held that maintenance is a statutory right under Section 125 CrPC and personal laws.
- Recent Delhi HC rulings: In other cases, the Court has clarified that employability alone cannot defeat a wife’s claim to maintenance.
- Family law reforms: There is growing emphasis on protecting dependent spouses, especially women, from financial hardship during marital disputes.
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What This Means for Families
- For wives and children: Easier to claim maintenance without being forced to produce documents they cannot have.
- For husbands: Cannot evade responsibility by demanding impossible proof.
- For courts: Clearer guidelines to assess unemployment claims fairly.
Expert Views
Legal experts say this ruling:
- Prevents misuse of technicalities to deny maintenance.
- Strengthens the dignity of dependent spouses.
- Ensures that maintenance law serves its true purpose—supporting those in need.
Conclusion
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The Delhi High Court’s ruling is a progressive step in family law, ensuring that dependent spouses are not unfairly burdened with proving unemployment through ITRs. By recognising the practical realities of non-earning spouses, the Court has reinforced the principle that maintenance is a right, not a favour.
This judgment will likely serve as a precedent across India, making maintenance claims more accessible and protecting vulnerable family members.
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