The Court allowed enhanced maintenance payable to the wife to ₹14,000 from the ₹10,000 that had earlier been fixed in 2012 when the husband’s salary was lower.
The Delhi High Court recently ruled that a rise in a husband’s income and the escalating cost of living are valid grounds for increasing the maintenance payable to his estranged wife.
This observation came while hearing a petition by a senior citizen woman challenging a family court’s order that had rejected her plea for enhanced maintenance from her husband.
Justice Swarana Kanta Sharma noted that increasing living expenses and the husband’s higher salary justify enhancement of maintenance.
“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.
While acknowledging the husband’s retired status as a senior citizen, the Court stressed that the wife must still be able to live with dignity, deciding that a limited increase in maintenance would maintain fairness.
“This Court is however not unmindful of the fact that the respondent-husband is a senior citizen, surviving on his limited post-retirement resources. At the same time, the petitioner, being the legally wedded wife, is 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 stated.
The couple married in 1990, but the wife had been living separately since 1992, alleging that she was forced to leave her matrimonial home due to physical and mental harassment over dowry demands by her husband and his family.
Although a divorce petition was dismissed in 2011, leaving the couple legally married, the family court in 2012 directed the husband to pay the wife ₹10,000 per month as maintenance.
In 2018, the wife sought to enhance this amount to ₹30,000, citing rising medical expenses and highlighting that her husband’s income had increased following a promotion and the implementation of the 7th Pay Commission’s recommendations.
Though the husband formally retired in 2017, he continued in service on extension for another two years. The wife also stated that she had earlier been largely supported by her father, but after his death in 2017, she was left with greater financial strain, particularly to cover medical expenses.
In 2024, the family court rejected her plea for enhanced maintenance, leading her to approach the High Court.
The High Court observed that the family court had failed to consider the increase in the husband’s salary while dismissing her application.
“What has been completely overlooked is that in 2012, the net income of the respondent was taken to be only ₹28,705/- and on the basis of this net income, maintenance of ₹10,000/- was fixed in favour of the petitioner. In contrast, the admitted pension of the respondent today is ₹40,068/- per month, which is a clear increase, and no deductions were to be made from this amount,” the Court observed.
The Court also took exception to the removal of the wife’s name from the husband’s Central Government Health Scheme (CGHS) card.
“It is, however, deeply concerning that despite the petitioner continuing to be legally wedded to the respondent, and having been held entitled to maintenance by the Courts, the respondent had her name deleted from his CGHS card,” the Court observed.
The Court ruled that the wife’s entitlement to be covered under the husband’s CGHS benefits is a valuable right arising from marriage. It directed the husband to reinstate her name, enabling her to access medical treatment in government hospitals.
“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. It is therefore expected that the respondent will ensure that the petitioner’s name is restored on his CGHS card,” the Court stated.
The Court thus allowed the wife’s petition and ordered an increase in maintenance from ₹10,000 to ₹14,000 per month.
“This Court holds that the petitioner is entitled to receive maintenance at the enhanced rate of ₹14,000/- per month from the respondent, payable with effect from the date of filing of the present revision petition,” the Court directed.
