Summary
In a maintenance dispute pending a divorce petition, the Supreme Court enhanced child maintenance to Rs. 1,50,000 per month and the wife's interim maintenance to Rs. 30,000 per month, holding that Provident Fund and ESPP contributions are not compulsory deductions to be subtracted from the husband's income because they accrue to his own benefit, and taking account of the wife's cancer treatment.
Issues
- Whether the quantum of child maintenance fixed by the High Court required reconsideration.
- Whether Provident Fund and ESPP deductions from the husband's salary should be treated as compulsory deductions when assessing his income for maintenance.
- Whether the wife's interim maintenance, omitted from the High Court's final order, should continue and be enhanced in view of her medical expenses.
Provisions considered
- Section 24, Hindu Marriage Act, 1955The wife's application for maintenance pendente lite for herself was made under this section; the Court, noting that the High Court's interim award of Rs. 20,000 per month to her was not mentioned in its final order, enhanced it to Rs. 30,000 per month having regard to her medical expenses. (¶¶ 5, 22)
- Section 26, Hindu Marriage Act, 1955Maintenance for the minor children was sought under this section along with Section 24; the Court reassessed the husband's disposable income and enhanced the children's maintenance, leaving the wife free to seek further enhancement on a change of circumstances. (¶¶ 5, 23)
Held
- For assessing a spouse's income for maintenance, Provident Fund and ESPP contributions are not to be treated like income tax or professional tax. Taxes are mandatory charges, whereas PF and ESPP amounts are not permanent outgoings but accrue to the earning spouse's own account and can be withdrawn later, so they ultimately benefit him. (¶ 20)
- The expenses of the wife's cancer treatment, while she looks after both children living with her, are a relevant consideration in fixing maintenance; the interim maintenance of Rs. 20,000 per month awarded to her by the High Court, which its final order did not mention, was enhanced to Rs. 30,000 per month. (¶¶ 21, 22)
- Child maintenance was enhanced to Rs. 1,50,000 per month (Rs. 75,000 per child) with effect from 1 January 2025, without precluding the wife from seeking further enhancement if circumstances change. (¶¶ 18, 23)
- Since the husband had undertaken before the High Court to transfer the car to the wife, no further direction was needed beyond requiring him to comply within three months. (¶ 24)
Result
Appeals disposed of; child maintenance enhanced to Rs. 1,50,000 per month from 1 January 2025 and the wife's maintenance to Rs. 30,000 per month; the husband to comply within three months; liberty to seek enhancement on change of circumstances.