Maintenance depends on husband's income: Delhi HC



New Delhi: Income of a man and not his parents' property should be the basis for deciding maintenance amount to his estranged wife, the Delhi High Court has said.

The court gave the observation while setting aside a family court order directing a man belonging to an affluent family to pay Rs 45,000 per month to his wife while his monthly income was just 41,000.

Terming the sessions judge's order as unjustified, Justice Shiv Narayan Dhingra said, "After attaining self sufficiency and being employed, a man's own income has to be the basis for fixing maintenance for his dependants whether wife, parents or children.

"The existing properties in the name of father, mother or sister-in-law cannot be considered as the properties of spouse. Properties of his brothers or parents cannot be a basis for fixing maintenance. Status of a man is not determined from the status of his brother or parents," the court also said.

Justice Dhingra reduced the maintenance amount from Rs 45,000 to Rs 20,000 while hearing a petition filed by the husband who contended that the Sessions Court was wrong in awarding maintenance amount to wife merely on the basis of his family's status and properties belonging to his parents.

Accepting the wife's application for protection and maintenance under the Domestic Violence Act, the sessions judge had enhanced maintenance amount from Rs 10,000 to Rs 30,000 and also house rent from Rs 5,000 to 15,000 fixed by the Metropolitan Magistrate in October last year.

-PTI