2 weeks ago
Delhi HC cuts wife's maintenance from ₹30,000 to ₹25,000
A wife asked a court for money to live on after separating from her husband.
The family court first said the husband should pay her ₹30,000 every month.
The husband said that was too much and asked a bigger court to change it.
He said his wife is well educated and has her own small income.
He also said their two children live with him and he pays for everything, including a very expensive medical course for their daughter.
The higher court agreed with the husband.
It lowered the payment to ₹25,000 every month.
The change counts from the date she first asked for money, 12 April 2021.
The court said the wife could support herself and lives in a big flat owned by her husband.
It reminded everyone that maintenance is meant to help people who truly cannot take care of themselves.
The Delhi High Court reduced Yamita Rai Asthana's interim maintenance from ₹30,000 to ₹25,000 per month, with retroactive effect from 12 April 2021.
The couple, married on 2 November 1995, are in a matrimonial dispute and the wife filed for maintenance in 2021.
Both children live with the husband, who solely bears their educational and financial expenses, including an expensive MBBS course for their elder daughter.
The wife holds an MBA in Finance and qualifications in astrology, earning about ₹10,450 monthly from rent and ₹4,400 in fixed-deposit interest, while living in a three-bedroom property owned by her husband.
Justice Saurabh Banerjee cited the Supreme Court's ruling in Rajnesh vs Neha, noting maintenance prevents vagrancy and that the Family Court had overlooked the wife's qualifications, income and accommodation benefits.
- Who
- Ashutosh Rai Asthana and his wife Yamita Rai Asthana, in a matrimonial dispute; Justice Saurabh Banerjee of the Delhi High Court heard the revision petition.
- What
- The Delhi High Court reduced the wife's interim maintenance from ₹30,000 to ₹25,000 per month.
- Where
- Delhi High Court, India
- When
- The ruling came after the Family Court increased maintenance in 2024; the reduced amount applies retroactively from 12 April 2021.
- Why
- The Family Court had overlooked the wife's qualifications, independent income, and rent-free accommodation, while the husband bears full financial responsibility for both children.
Husband's arguments
Wife's arguments
Wife's capacity for self-support
Husband's arguments
The wife has an MBA in Finance, astrology qualifications, rental income of ₹10,450 and fixed-deposit interest of ₹4,400 per month, making her capable of supporting herself.
Wife's arguments
The husband earns over ₹63 lakh annually and has substantial financial means, so he should continue paying the higher maintenance amount.
Family Court's consideration of factors
Husband's arguments
The Family Court ignored key circumstances such as the wife's income, her accommodation benefits and the fact that both children live with him.
Wife's arguments
The Family Court had already properly considered all relevant factors before increasing the maintenance.
Financial burden of the children
Husband's arguments
The husband solely bears the children's expenses, including his daughter's costly MBBS education, and has loans and liabilities, so maintenance should not rely solely on his income.
Wife's arguments
The husband's substantial income means he can afford the maintenance despite his other responsibilities.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Saurabh Banerjee
- Maintenance reduced from
- ₹30,000 to ₹25,000 per month
- Retroactive from
- 12 April 2021
- Husband's annual income
- Over ₹63 lakh (per tax returns)
- Wife's monthly independent income
- ₹10,450 rental + ₹4,400 fixed-deposit interest
- Date of marriage
- 2 November 1995
- Case referred
- Supreme Court ruling in Rajnesh vs Neha
Quotes
"Justice Saurabh Banerjee"
Judge presiding over the Delhi High Court case
“"The court emphasized that maintenance isn't meant to punish past behaviour but to prevent vagrancy for those unable to support themselves."”
livemint.com
Sources
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