Wage increase for husband leads to court-awarded boost in alimony for wife in Delhi due to escalating living expenses

Delhi High Court Orders Enhancement of Maintenance for Separated Wife

In a significant ruling, the Delhi High Court has directed a man to increase the maintenance amount paid to his separated wife, citing an increase in his income and the rising cost of living as relevant factors.

The couple, who got married in 1990, have been living separately since 1992 due to physical and mental harassment over dowry demands. The wife, who is now a senior citizen, had been living apart from her husband for over three decades.

In 2012, a family court had awarded the wife ₹10,000 per month as maintenance to be paid by the husband. However, in 2018, she sought the enhancement of this amount to ₹30,000. The family court dismissed her plea, but the Delhi High Court found that the family court had overlooked the increase in the husband's salary while dismissing the wife's plea for maintenance enhancement.

The Court held that the wife's inclusion under the husband's Central Government Health Scheme (CGHS) is a valuable right flowing from her marriage to him. The husband, despite the wife's legal marriage status and entitlement to maintenance, had deleted her name from his CGHS card. The Court directed the husband to ensure that the wife's name is re-included on his CGHS card, allowing her to avail medical treatment at government hospitals.

Justice Swarana Kanta Sharma observed that factors such as rising cost of living and increment in the husband's salary warrant the enhancement of maintenance. The Court added that although the husband had now retired and was a senior citizen, a balance should be struck to enable the wife to live with dignity.

The Court allowed the wife's petition, directing that the maintenance shall be enhanced from ₹10,000 to ₹14,000 per month, payable from the date of filing the revision petition. The ruling was made while deciding a petition filed by the woman, challenging a family court order that dismissed her plea for the enhancement of maintenance payable to her by her estranged husband.

The husband was represented by Manfred Hohenecker, while the wife was represented by Advocate Shaharyar Ali, KS Negi, Nikhil Rajput, Pranav Jagati, and Piyush Negi. The Court's order can be read for further details.

It is worth noting that a divorce petition was dismissed in 2011, so the couple remained married. The wife had stated that she was being supported substantially by her father earlier, but that he had passed away in 2017, leaving her in need of more funds to support her medical expenses. The family court had taken the husband's net income in 2012 to be ₹28,705/-, while his current pension is ₹40,068/- per month.

This ruling serves as a reminder of the importance of fair maintenance for separated wives, especially in cases where the husband's income has significantly increased over the years. It also underscores the need for the courts to consider the rising cost of living and the financial needs of the separated wife when determining the amount of maintenance to be paid.

Wage increase for husband leads to court-awarded boost in alimony for wife in Delhi due to escalating living expenses