In Delhi courts there is a practice of filling detailed affidavit by both parties with regard to their income expenditure basis where the particulars of both parties have to be mentioned. This affidavit itself runs in to 40-45 pages each and the trail court has to consider the issue of maintenance for the spouse on the basis of both affidavits.
If the trail court in the particular case had the affidavit of both parties on its record and decided maintenance for wife @ Rs3,000/- per month it must be based on facts admitted or denied as well other factors like the financial status of both parties.
The husband is not physically well is one issue and his unfit financial status is another issue, a person who is physically not well can still be financially sound even if he has no present income (his savings or income through other sources) and similarly a physically fit person can be financially pauper, in that case he cannot be asked to pay for if he has nothing to pay.
The trail judge cannot decide the issue of the financial support just on the mere submission of wife, the submission of husband too has to be checked and confirmed before passing any order for maintenance against him.
The complete order of the maintenance has to be seen before suggesting any further advice in this regard.
