Significant Increase In Husband's Income, Cost Of Living Valid Factors To Enhance Wife's Maintenance: Delhi High Court
The Delhi High Court has ruled that rise in the income of the husband, coupled with the significant increase in his cost of living, constitute a “clear change in circumstances”, warranting enhancement of the amount of maintenance to the wife. Justice Swarana Kanta Sharma granted relief to a wife challenging a family court order dismissing her application seeking enhanced maintenance....
The Delhi High Court has ruled that rise in the income of the husband, coupled with the significant increase in his cost of living, constitute a “clear change in circumstances”, warranting enhancement of the amount of maintenance to the wife.
Justice Swarana Kanta Sharma granted relief to a wife challenging a family court order dismissing her application seeking enhanced maintenance.
Both husband and wife were senior citizens, over 60 years of age. Their marriage was solemnised in 1990. The husband instituted divorce proceedings and the family court granted interim maintenance of Rs.3,000 per month to the wife. The divorce petition was dismissed in 2011.
In 2009, the wife was granted interim maintenance of Rs. 5,000 per month. Subsequently, in 2012, the Family Court allowed her petition and directed the husband to pay maintenance of ₹10,000 per month. The wife had then sought enhanced maintenance of Rs. 30,000 per month, citing health issues.
The wife's counsel contended that the impugned order was incorrect, illegal, and improper as the Family Court failed to consider that the maintenance awarded had been fixed on the basis of the husband‟s then net salary of approximately Rs. 28,000 whereas at the time of passing the impugned order, his monthly income (pension) had risen to more than Rs. 40,000.
The Court said that the family court completely overlooked the fact that in 2012, the net income of the husband was taken to be only Rs. 28,705 and on the basis of the said net income, maintenance of Rs. 10,000 was fixed in favour of the wife.
It added that the admitted pension of the husband today was Rs. 40,068 per month, which was a clear increase and no deductions were to be made from the said amount.
Further, the Court said that it was deeply concerning that despite the wife continuing to be legally wedded to the husband and having been held entitled to maintenance by the Courts, the husband had her name deleted from his CGHS card.
“The entitlement to a CGHS/DGHS card is a valuable right flowing from the marital relationship and cannot be denied merely because the wife seeks treatment in a government hospital. The card provides access to several other facilities, including specialized consultations and emergency medical assistance, which become indispensable in old age,” the Court said.
It added that it was expected that the his and will ensure that the wife‟s name be restored on his CGHS card, and that a copy of the same be handed over to her at the earliest and not beyond a period of two months.
“Both the petitioner and the respondent are now senior citizens, being above 60 years of age. Though they have been living separately for nearly three decades, and despite the respondent‟s petition for dissolution of marriage having been dismissed, they continue to remain legally married – if not in companionship, then at least in the eyes of law and on judicial record,” the Court said.
While enhancing the maintenance amount to Rs. 14,000 per month, the Court said that it was not unmindful of the fact that the husband was a senior citizen, surviving on his limited post- retirement resources but at the same time, the wife, being the legally wedded wife, was also entitled to a fair amount which would enable her to maintain herself with dignity.
“Thus, while considering the respondent‟s advanced age and financial position, a modest enhancement in maintenance would strike a just balance between the competing equities of both parties,” the Court concluded.
Title: X v. Y
Citation: 2025 LiveLaw (Del) 1054