Delhi High Court: High Cost of Living and Rise in Husband’s Income Valid Grounds for Enhanced Alimony

The Delhi High Court has ruled that a husband’s increased income and the rising cost of living are valid factors to enhance the maintenance payable to his separated wife, even if he is retired and drawing a pension.

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Background of the Case

The case involved a 60-year-old woman who challenged a family court’s order that had refused to increase her monthly maintenance.

• The couple married in April 1990 but separated just two years later, after the woman alleged dowry demands and harassment.

• In 2012, a family court directed the husband to pay ₹10,000 per month in maintenance.

• In 2018, the woman sought an enhancement, citing her husband’s promotion from Trained Graduate Teacher (TGT) to Post Graduate Teacher (PGT), which increased his salary before retirement.

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Plea of the Wife

The woman argued that:

• The maintenance was originally fixed based on her husband’s ₹28,000 monthly salary in 2012, but by the time of her petition, his salary had risen to ₹40,000.

• Her father, who earlier supported her financially, had passed away, leaving her with no additional support.

• She was facing rising medical expenses given her age and deteriorating health.

• Despite being a government employee, her husband had removed her name from the Central Government Health Scheme (CGHS) card, denying her essential healthcare benefits.

She contended that the family court erred by dismissing her plea solely on the basis of her bank balance and fixed deposits, without considering the rise in cost of living and her husband’s increased pensionary income.

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Arguments by the Husband

The 70-year-old husband opposed the petition, claiming that:

• His financial capacity had reduced significantly after retiring in July 2017.

• Although he was re-employed for two additional years post-retirement, his income was not at the same level as before.

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Court’s Observations

Justice Swarana Kanta Sharma of the Delhi High Court found merit in the wife’s plea. The court noted:

• The income assessed in 2012 was substantially lower than the husband’s current pensionary earnings.

• The increase in his income, coupled with the rising cost of living, constituted a “clear change in circumstances” that justified enhancing the maintenance.

• The family court had failed to adequately appreciate these material changes when dismissing her application.

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Key Ruling

The High Court set aside the family court’s earlier order, ruling in favor of the wife. Justice Sharma emphasized:

“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.”

This decision reaffirms that maintenance must evolve with economic realities, ensuring that separated spouses are not left destitute despite the other partner’s ability to pay.

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Legal Significance

The judgment is significant because:

1. It reinforces that maintenance is not a static figure and must account for inflation and lifestyle changes.

2. It recognizes that financial security of a separated spouse is integral to her dignity under Article 21 of the Constitution.

3. It provides clarity that retirement does not absolve maintenance obligations, especially when pensionary income is substantial.

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Conclusion

The Delhi High Court’s ruling underscores that fairness in matrimonial disputes extends beyond separation. Rising living costs and an increase in the husband’s income are valid considerations for enhanced maintenance, ensuring that dependent spouses are not left financially vulnerable.

This case also highlights the duty of courts to balance economic realities with social justice, especially when dealing with long-standing matrimonial disputes.

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