Yes, and this is a legitimate and often successful defence strategy available to you, since interim maintenance in Delhi is fundamentally meant to address genuine financial need arising from the marriage, and if your spouse has independent income sufficient to support herself reasonably, this is directly relevant to how much, if any, interim maintenance the Family Court should order. Under Section 24 of the Hindu Marriage Act, 1955, courts are required to consider the income and financial resources of both parties before determining an appropriate interim maintenance amount, meaning your spouse's earning capacity is not simply ignored in this assessment.

To effectively oppose an interim maintenance application on this ground, you need to present clear, credible evidence of your spouse's actual income — salary slips, income tax returns, bank statements, business records, or professional qualifications suggesting a genuine earning capacity beyond what she may be currently disclosing to the court. Courts are increasingly attentive to situations where a party understates their true income or deliberately remains underemployed despite having genuine capacity to earn more, and well-documented evidence countering such understatement can significantly influence the court's assessment.

It's important to understand that even where your spouse has some independent income, this doesn't automatically eliminate your maintenance obligation entirely — courts typically assess whether her income is sufficient to maintain a reasonable standard of living comparable to what was enjoyed during the marriage, and interim maintenance may still be ordered to bridge any genuine gap, just potentially at a reduced amount reflecting her actual financial contribution.

Your advocate can help you build a comprehensive financial affidavit clearly setting out both your own financial position and the evidence you have regarding your spouse's income, since interim maintenance decisions in Delhi are ultimately based on a comparative and honest assessment of both parties' genuine financial circumstances rather than a one-sided presentation.

Given how much these applications depend on accurate, well-presented financial evidence, it is worth consulting the team at Aapka Legal Advice to ensure your opposition to the interim maintenance application is grounded in solid, persuasive documentation.

The Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice platform connects clients with divorce lawyers experienced in interim maintenance disputes, along with a panel of retired judges who can offer practical, realistic guidance on how Delhi courts typically balance both parties' income in such applications.

In summary, you can absolutely oppose your spouse's interim maintenance application in Delhi based on her independent income, provided you present clear and credible financial evidence. A well-documented, honest presentation of both parties' finances gives the court the basis it needs for a fair determination.