Husband earning dollars does not mean increased maintenance, Delhi High Court’s decision on wife’s demand
Delhi High Court has recently given an important decision regarding the husband’s income earned abroad. The court said that determining the amount of interim maintenance is not just a question of mathematics. The court clarified that if the husband earns abroad, then converting his foreign earnings into Indian rupees and giving maintenance to the wife on the same basis cannot be considered the right way. The Court also indicated that the husband’s overall financial position, lifestyle, expenses and the wife’s needs should be considered holistically while deciding maintenance.
This comment was made by Justice Amit Mahajan in a case in which both a woman and her husband had challenged the May 2023 order of the Family Court. The family court had ordered the woman to pay interim maintenance of Rs 50 thousand per month. The wife was demanding to increase this amount, while the husband was opposing this order.
What did the court say during the hearing,
During the hearing, the High Court said that the court has to remain within limited limits while deciding interim maintenance. At this stage neither detailed investigation can be done nor final conclusions can be drawn. The court said that in many cases, especially when the husband works abroad and does not give complete information about his income, the court has to make estimates based on the available facts, lifestyle and circumstances.
The court accepted in this case that the husband is working as a software engineer in Amazon.com Services LLC in America and is living there, while the wife is unemployed. Justice Amit Mahajan clarified that while deciding interim maintenance, it is not appropriate to take the basis of just converting the foreign earnings into Indian rupees, rather the husband’s income, lifestyle and wife’s needs should be looked at holistically.
Wife claims husband earns crores of rupees
The court accepted in this case that the husband is working as a software engineer in Amazon.com Services LLC in America and is living there, while the wife is unemployed. The wife had claimed that her husband’s annual income was around Rs 1.76 crore and had also filed an affidavit of income in dollars.
However, the High Court said that the expenses of a person living in America are also in dollars, and the standard of living and expenses there are quite different from Delhi. Therefore, fixing interim maintenance merely by converting foreign income into Indian rupees cannot be considered the right approach. Justice Amit Mahajan clarified that while deciding maintenance, the husband’s income, lifestyle and wife’s needs should be considered holistically. Keeping all these things in mind, the High Court increased the amount of interim maintenance from Rs 50 thousand to Rs 1 lakh per month. The court said that this amount has been decided in a balanced, practical and based on the circumstances.
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