A rise in income and the soaring cost of living cannot be ignored when deciding maintenance for a spouse. The Delhi High Court, while ruling on a revision petition, held that such factors amount to a “clear change in circumstances” that warrants an increase in the maintenance payable to a wife. The Court also flagged the unlawful deletion of the wife’s name from the husband’s CGHS card, emphasising that medical entitlements in old age are a valuable right flowing from the marital relationship.
The case arose after a wife, now in her sixties, challenged a Family Court order that had dismissed her plea seeking enhanced maintenance. She argued that the amount of ₹10,000 fixed in 2012 was based on her husband’s then net salary of about ₹28,700, whereas his current pension stands at ₹40,068 per month with no deductions. She also pointed to her deteriorating health, her complete financial dependence after her father’s death, and the rising cost of living.
The Family Court had reasoned that there was no substantial change in the husband’s financial circumstances. Justice Swarana Kanta Sharma disagreed, holding, “The rise in his income coupled with the significant increase in the cost of living constitutes a clear change in circumstances warranting enhancement of the amount of maintenance.”
The Court also recorded its concern over the wife’s exclusion from the husband’s CGHS card. Terming it “deeply concerning”, the Court said, “The entitlement to a CGHS/DGHS card is a valuable right flowing from the marital relationship and cannot be denied merely because the wife seeks treatment in a government hospital. The card provides access to several other facilities, including specialized consultations and emergency medical assistance, which become indispensable in old age.”
It directed that her name be restored on the card within two months.
Acknowledging that both spouses are senior citizens, the Court emphasised that while the husband survives on limited post-retirement resources, the wife, “being the legally wedded wife, is also entitled to a fair amount which would enable her to maintain herself with dignity.” It concluded that “a modest enhancement in maintenance would strike a just balance between the competing equities of both parties.”
Accordingly, the Court enhanced the maintenance to ₹14,000 per month, payable from the date of the revision petition, and directed arrears to be cleared within six weeks.
Case Title: A Vs. B
Case No: CRL.REV.P.(MAT.) 73/2024 & CRL.M.A. 32341/2024
Coram: Justice Swarana Kanta Sharma
Advocate for Petitioner: Advs. K.S Negi, Nikhil Rajput, Pranav Jagati and Piyush Negi
Advocate for Respondent: Adv. Shaharyar Ali
Picture Source :
