3 days ago
Gurgaon court upholds ₹2 lakh maintenance despite husband’s income drop
A court in Gurgaon decided that a husband must pay his separated wife ₹2 lakh every month.
The husband said his income had fallen by about half.
He also said he had a large home loan, family responsibilities and expensive school fees for the children.
The court was not convinced that his lower reported income fully showed his ability to pay.
He still had the same senior job at Deloitte.
The court also said paying school and boarding costs did not cover all the children’s or wife’s needs.
The wife’s lawyers said his income and assets might be higher than he reported.
The court kept the maintenance amount at ₹2 lakh per month.
A Gurgaon family court ordered a husband to pay ₹2 lakh monthly maintenance to his estranged wife by the 10th of each month.
The husband cited a nearly 50% income decline, a ₹1.7 crore home loan, parental responsibilities and children’s education costs.
The court relied on his continued employment in the same senior position when assessing his financial capacity.
The wife originally sought ₹4 lakh monthly for herself and the twins, along with ₹7.5 lakh for litigation expenses.
The wife’s counsel alleged undisclosed mutual funds and said she had used fixed deposits and a gold loan for household expenses.
- Who
- A Gurgaon family court, the husband, and his estranged wife, who have twin children.
- What
- The court upheld monthly maintenance of ₹2 lakh for the estranged wife.
- Where
- A family court in Gurgaon; the couple married in Lucknow.
- When
- The ruling date is not stated; the couple married on July 12, 2005, and the relevant income declarations cover Assessment Years 2023-24 to 2025-26.
- Why
- The court found that the husband’s reported income decline was not sufficient by itself because he remained in the same senior employment, while the wife’s needs had to be considered separately from the children’s education costs.
Husband’s arguments
Wife’s arguments and court’s reasoning
Effect of income decline
Husband’s arguments
The husband said his annual net salary had fallen to around ₹36 lakh and that the decline reduced his ability to pay maintenance.
Wife’s arguments and court’s reasoning
The wife’s counsel said the reduction was unexplained because he continued in the same senior position at Deloitte; the court considered his earlier earning capacity.
Wife’s ability to support herself
Husband’s arguments
The husband’s counsel argued that the wife was educated, could earn independently, and had not disclosed assets including a PPF account and fixed deposits.
Wife’s arguments and court’s reasoning
The wife’s counsel said she was not receiving adequate regular support and had been forced to withdraw fixed deposits and take a gold loan for household expenses.
Children’s expenses and maintenance
Husband’s arguments
The husband said he already spent about ₹19.2 lakh annually on the children’s boarding education, in addition to his other financial obligations.
Wife’s arguments and court’s reasoning
The court said education expenses did not represent all of his responsibilities and that the wife’s maintenance had to be assessed independently from the children’s day-to-day needs.
Key facts
- Monthly maintenance
- ₹2 lakh, payable by the 10th of every month
- Husband’s reported income
- About ₹2.9 crore in Assessment Year 2024-25, falling to about ₹1 crore in Assessment Year 2025-26
- Home loan liabilities
- Approximately ₹1.7 crore, according to the husband
- Children’s education costs
- Approximately ₹19.2 lakh annually for boarding education
- Wife’s original claim
- ₹4 lakh per month for herself and the children, plus ₹7.5 lakh in litigation expenses
- Marriage and children
- The couple married in Lucknow on July 12, 2005, and have twin children
- Alleged undisclosed assets
- The wife’s counsel alleged mutual fund investments worth approximately ₹5 crore
Sources
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