Summary
The Court increased the wife’s maintenance from Rs. 10,000 to Rs. 20,000 per month from the date of its order, taking account of the circumstances and the husband’s pension. It directed the Family Court to quantify arrears and structure their payment alongside regular maintenance within a 50% pension cap.
Issues
- Whether the maintenance awarded to the wife should be enhanced in light of the husband’s financial position and the circumstances.
- How arrears should be quantified and recovered without exceeding the specified share of the husband’s pension.
Provisions considered
- Section 18, Hindu Adoptions and Maintenance Act, 1956The Court enhanced the wife’s monthly maintenance under this provision to Rs. 20,000 from the date of its order, and directed the Family Court to quantify arrears under the earlier order. (¶¶ 6, 11, 12, 13)
Held
- On the totality of circumstances, the wife’s maintenance under Section 18 was increased to Rs. 20,000 per month from the date of the Supreme Court’s order. The increase was not made retrospective. (¶¶ 11, 12)
- The Family Court must quantify arrears under the High Court’s order and set an instalment plan so that regular maintenance of Rs. 20,000 plus the monthly arrears instalment does not exceed 50% of the husband’s BSNL pension. The arrears arrangement cannot interrupt the regular monthly maintenance. (¶¶ 12, 13, 14)
Result
The wife’s appeals were allowed and monthly maintenance was enhanced to Rs. 20,000 from the date of the order. The Family Court was directed to quantify arrears and set monthly instalments within the stated pension cap; BSNL was directed to credit the amounts to her account.