High cost of living, rise in husband’s salary warrant enhancement of maintenance for wife: Delhi High Court

The Delhi High Court recently held that an increase in a husband’s income and rising costs of living are relevant factors for enhancing the maintenance payable by him to his separated wife.

The Court made the observation while deciding a petition filed by a woman, who was a senior citizen, challenging a family court order that dismissed her plea for the enhancement of maintenance payable to her by her estranged husband.

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 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. 

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. A modest enhancement of maintenance would strike the balance, the Court decided. 

“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 got married in 1990. The wife had been living separately since 1992. She claimed that she had left her matrimonial house due to physical and mental harassment by the husband and his family over dowry demands. 

A divorce petition was dismissed in 2011, so the couple remained married. In 2012, a family court had awarded the wife ₹10,000 per month as maintenance to be paid by the husband. 

In 2018, she sought the enhancement of this maintenance amount to ₹30,000. She cited medical costs and also pointed out that her husband's salary had increased after a promotion and the implementation of the 7th Pay Commission's recommendations.

Although the husband officially retired in 2017, he continued to remain employed on extension for another two years. The wife added 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.

In 2024, the family court dismissed her plea to enhance maintenance, prompting her to approach the High Court for relief.

The High Court found that the family court had overlooked the increment in the husband’s salary while dismissing the wife's plea.

“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 expressed consternation on the deletion of the wife's name from 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 held that the wife's inclusion under the husband's CGHS is a valuable right flowing from her marriage to him. It directed the husband to ensure that her name is re-included, so that she can avail medical treatment at 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. 

Accordingly, the Court allowed the wife’s petition, directing that the maintenance shall be enhanced 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. 

Advocate KS Negi, Nikhil Rajput, Pranav Jagati and Piyush Negi appeared for the wife.

Advocate Shaharyar Ali appeared for the husband.

[Read order]