The Delhi High Court ruled that a wife must live with dignity, holding that the rising cost of living and an increase in husband’s income justify maintenance hike.
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NEW DELHI: In a ruling, the Delhi High Court emphasized that an increase in a husband’s income and the rising cost of living are crucial factors in deciding whether to enhance maintenance payable to a separated wife.
The order came from Justice Swarana Kanta Sharma, who was hearing a petition filed by a senior citizen woman challenging a 2024 Family Court order that had dismissed her plea for enhancement of maintenance.
Observations by the High Court
While deciding the matter, the Delhi High Court made several crucial observations. Justice Swarana Kanta Sharma noted that in 2012, when the maintenance was fixed at Rs 10,000, the husband’s net income was only Rs 28,705. However, his pension today amounts to Rs 40,068, which clearly reflects an increase in his earnings over time.
The Court further highlighted that the rising cost of living and inflation cannot be ignored while determining the quantum of maintenance, as such factors directly impact the ability of a separated spouse to meet her day-to-day expenses.
“The rise in his income coupled with the significant increase in the cost of living constitutes a clear change in circumstances warranting enhancement of the amount of maintenance,”
the Court said.
At the same time, the Court took into account the husband’s post-retirement financial limitations, acknowledging that he was now surviving on limited resources. Nevertheless, it stressed that the wife, being the legally wedded spouse, is entitled to live with dignity. Therefore, a modest enhancement of maintenance was considered appropriate to balance the needs and equities of both parties.
The Court also expressed strong disapproval of the husband’s action in deleting his wife’s name from his Central Government Health Scheme (CGHS) card, despite the subsistence of their marriage and existing maintenance orders. Justice Sharma observed that inclusion under CGHS is a valuable right flowing from the marital relationship, as it ensures access to crucial medical facilities, consultations, and emergency care—benefits that become indispensable with advancing age.
Background of the Case
The couple got married in 1990, but the wife began living separately just two years later, in 1992, alleging that she had been subjected to dowry-related harassment by her husband and his family. In 2011, a divorce petition was dismissed, which meant that the marriage continued to remain legally intact. The following year, in 2012, the Family Court awarded the wife a monthly maintenance of Rs 10,000.
In 2018, she filed an application seeking an enhancement of the maintenance amount to Rs 30,000. She pointed out that her medical expenses had increased considerably and that the 7th Pay Commission’s recommendations, along with her husband’s promotion, had substantially raised his income. She also highlighted that her father, who had been a major source of financial support for her, had passed away in 2017, leaving her in greater need of assistance.
Meanwhile, her husband retired from service in 2017 but continued working on an extension for an additional two years. Even after his retirement, his pension amounted to Rs 40,068 per month, reflecting a steady flow of income.
Despite these developments, in 2024, the Family Court dismissed her plea for enhancement of maintenance. Aggrieved by this decision, the wife approached the Delhi High Court seeking relief.
Court’s Decision
- The Delhi High Court enhanced the maintenance from Rs 10,000 to Rs 14,000 per month, effective from the date of filing the revision petition.
- The Court also directed the husband to restore his wife’s name on the CGHS card, ensuring her access to medical treatment and facilities.
Appearance:
For the wife: Advocate KS Negi, Nikhil Rajput, Pranav Jagati and Piyush Negi
For the husband: Advocate Shaharyar Ali
Case Title:
XX vs YY
CRL.REV.P.(MAT.) 73/2024 & CRL.M.A. 32341/2024
Read Judgment:
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