Interim Maintenance Modified in Light of Changed Circumstances and Financial Capacity: Delhi High Court Reduces Husband’s Maintenance Obligation

In a significant ruling, the Delhi High Court has modified an order of interim maintenance under Section 24 of the Hindu Marriage Act, 1956, revising the amount payable by the husband following a careful assessment of the changed financial circumstances of the parties involved. The original order, dated January 29, 2019, had directed the husband, Mr. Sanjay Kumar Baranwal, to pay a cumulative sum of Rs. 66,000 per month to his wife, Mrs. Bhavna Kumari, and their two daughters amidst divorce proceedings.

The couple, married on March 8, 2000, encountered marital discord leading to multiple litigations. In March 2018, the husband filed a divorce petition, and the wife sought interim maintenance, originally requesting Rs. 1,25,000 per month. The Family Court initially set the maintenance at Rs. 66,000 per month, dividing the husband's disposable income of Rs. 1,10,000 into equal shares for himself, his wife, and their two daughters.

The High Court, upon reviewing the husband’s financial records from 2018 and 2022, noted only minor variations in his salary and significant future savings, countering his claim of reduced financial capacity. The husband's plea for modification was based on several grounds: the elder daughter's attainment of majority and employment in the USA, a reduction in his salary, increased rent and medical expenses, and the wife’s potential to earn.

The wife contested these claims, highlighting her health issues, the need for knee surgery, and her role in supporting their younger daughter's education. The court acknowledged the elder daughter's recent employment post-graduation and considered this in modifying the maintenance.

Justice Amit Bansal, delivering the judgment, ruled that the interim maintenance be reduced from Rs. 66,000 to Rs. 44,000 per month, effective from July 2023, in light of the elder daughter’s employment. The court directed the husband to clear any arrears within four weeks and urged the Family Court to conclude the divorce proceedings expeditiously.

Date of Decision: March 28, 2024,

Sanjay Kumar Baranwal vs. Bhavna Kumari