The Delhi High Court dismisses the appeal of the wife, finds that she was earning well and was highly qualified and that she had not disclosed her true income.

The Husband had filed a divorce petition under section 13(i)(ia) of the Hindu Marriage Act, 1955 which was later withdrawn pursuant to a settlement entered between both the parties. However the wife filed a police complaint against the husband which led the husband to file a second divorce petition under section 13(i) (ia) of the Hindu Marriage Act, 1955. The wife moved an application under section 24 of the Hindu Marriage Act, 1955 claiming maintenance, which application was dismissed by the family court. Against the dismissal order the wife approached the High Court which remanded the matter back to the Family Court, however the family court while considering the matter afresh rejected the application for pendente lite maintenance.
 
The appellant/ wife has challenged the Order of learned Principal Judge, Family Courts, dismissing her application for maintenance under Section 24 of Hindu Marriage Act, 1955. 
 
The Court held that:

“We find that in the present case it is not only that the appellant is highly qualified and has an earning capacity, but in fact she has been earning, though has not been inclined to truthfully disclose her true income. Such a person cannot be held entitled to maintenance. Pertinently, the claim for maintenance by the appellant under the provisions of Protection of Women against Domestic Violence Act has also met the same fate and the maintenance has been declined to her. We, therefore, find no merit in the Appeal which is hereby dismissed.”

X v. Y