The Delhi High Court has increased a woman’s interim maintenance payment, while clarifying that such awards are not determined by precise calculation. Justice Amit Mahajan issued the ruling on December 23, addressing revision petitions from both the wife and husband concerning a May 2023 family court order.
Context of the Ruling
The family court had initially awarded ₹50,000 as monthly interim maintenance. The wife appealed for an increase, while the husband contested the original award. The High Court’s decision reflects the complexities inherent in determining appropriate financial support during legal proceedings, particularly when income is earned in a foreign currency.
Justice Mahajan stated that “mere earning in foreign currency” does not automatically entitle a spouse to maintenance simply by converting the income to Indian rupees. The court emphasized the need to consider the cost of living in the country where the income is earned.
Assessment Challenges
The court recognized that assessing income, especially when a spouse works abroad, often requires “estimation and informed guesswork,” particularly if a complete and candid financial disclosure hasn’t been provided. It also stated that a full investigation of finances is not appropriate at the interim stage.
The wife asserted her husband earns approximately ₹1.76 crore annually, submitting an affidavit detailing his income in US dollars and prevailing exchange rates. The court acknowledged these assertions but noted the husband’s expenses are also incurred in US dollars, and the cost of living differs between the US and Delhi.
Ultimately, the High Court increased the interim maintenance amount to ₹1 lakh per month, based on a “broad, reasonable and rounded-off assessment.”
What Happens Next?
This ruling establishes a precedent for similar cases involving income earned abroad. It is likely that family courts will continue to prioritize a holistic assessment of financial circumstances, rather than relying solely on currency conversion rates. The case will continue as it moves toward a final resolution, and the interim maintenance amount could be adjusted based on further evidence presented. It is also possible the husband may appeal this decision.
Frequently Asked Questions
What is interim maintenance?
Interim maintenance is financial support provided to a spouse during the pendency of a legal case, such as a divorce or separation, to cover living expenses.
Why did the court increase the maintenance amount?
The court increased the amount based on the husband’s admitted employment with Amazon.com Services LLC, his residence in the US, and the wife’s assertion that his annual income is approximately ₹1.76 crore, while acknowledging the complexities of assessing income earned in a foreign currency.
Does this ruling mean all foreign income will be treated the same way?
No, the court specifically stated that each case will be assessed based on available material, surrounding circumstances, lifestyle indicators, and the earning capacity of the earning spouse. The ruling emphasizes the need for a case-by-case evaluation.
How might rulings like this impact the process of determining financial support in divorce cases?
