Delhi High Court Reduces Child Maintenance in Equally Earning Couple Case”

07 May 2024 8:19 AM

By: Admin

In a significant ruling on October 11, 2023, the Delhi High Court issued a groundbreaking judgment in a maintenance dispute under the Hindu Marriage Act. The case involved a husband and wife, both highly qualified professionals, who were seeking adjustments in child maintenance and interim maintenance.

In a key observation, the court stated, “Interim maintenance under Section 24 of the Act is intended to prevent financial hardship during matrimonial proceedings and ensure both parties can afford litigation expenses and live comfortably. It’s not meant to equalize incomes or provide a similar lifestyle.”

The husband had been directed to pay Rs. 40,000/- per month for the child’s maintenance, while the wife’s maintenance claim was denied. The wife, who earns Rs. 2.5 lakhs per month, sought an increase in child maintenance to Rs. 60,000/- per month and interim maintenance for herself. Meanwhile, the husband, earning USD 7134 per month (equivalent to Rs. 1,65,651/- per month with PPP conversion factor or Rs. 5,60,000/- per month with the exchange rate), sought a reduction in child maintenance to a total of Rs. 21,500/- per month, with him liable for half of that amount.

Considering the qualifications and incomes of both spouses, the court found that interim maintenance for the wife was rightly denied. The court further reduced the interim maintenance for the child from Rs. 40,000/- to Rs. 25,000/- per month, emphasizing the shared responsibility for the child’s maintenance.

This judgment sets a precedent for cases involving maintenance in situations where both spouses are highly qualified and earning, clarifying that the purpose of interim maintenance is to prevent financial hardship during legal proceedings, rather than equalizing incomes or lifestyles.

The appeals were represented by Mr. Anuj Arora & Mr. Pardeep Sharma for the appellants and Mr. Somvir Singh Deshwal for the respondent.

Date of Decision: October 11, 2023

ANJU AND ANR. VS RINKU DAHIYA