Summary
The Supreme Court enhanced the wife’s maintenance to ₹20,000 per month from January 2010 and ₹25,000 per month from 1 June 2018 until further orders. The husband’s unsupported unemployment plea did not relieve him of responsibility: he was highly qualified and able-bodied, with substantial past earnings in Canada. Fixing maintenance solely by Delhi minimum wages ignored the family’s standard of living, his conduct in prolonging the proceedings and rising living costs. The enhanced arrears were payable within eight weeks after credit for sums already paid or deposited.
Issues
- Whether the maintenance amount based on notional minimum wages adequately reflected the husband’s means and family standard.
- What enhancement and payment directions were appropriate on the established facts.
Provisions considered
- Section 125, Code of Criminal Procedure, 1973The concurrent findings that the wife could not maintain herself and the husband neglected to maintain her supported liability. Quantum required consideration of his earning capacity, past income and family standard rather than minimum wages alone. (¶¶ 3, 9–15)
Held
- The husband had not independently challenged the High Court’s order. The appeal concerned quantum; concurrent findings established neglect, the wife’s unemployment and his duty to maintain her despite her educational qualifications. (¶¶ 5, 9–10)
- The High Court correctly rejected inability to pay based on an unsupported claim of unemployment. A highly educated, able-bodied husband could not evade maintenance merely by asserting that he lacked income, without cogent grounds beyond his control. (¶¶ 11, 13)
- Using notional Delhi minimum wages to fix ₹9,000 monthly maintenance was untenable on these facts. The relevant considerations included the husband’s family standard, his substantial Canadian earnings in 2010, protracted proceedings, the earlier ₹20,000 interim award, inflation and living costs. (¶ 14–15)
- Maintenance was fixed at ₹20,000 monthly from January 2010 and ₹25,000 monthly from 1 June 2018 until further orders. Enhanced sums were payable within eight weeks, adjusting amounts already paid or deposited; the wife could immediately withdraw any maintenance deposited in court. The High Court order was modified and the appeal allowed. (¶ 15–17)
Result
Appeal allowed; maintenance enhanced to ₹20,000 monthly from January 2010 and ₹25,000 monthly from 1 June 2018 until further orders. Enhanced arrears payable within eight weeks after adjustment; deposited maintenance withdrawable forthwith.