Maintenance to be enhanced from date of increase in salary and not from date of application, observes Delhi HC
Jun 08, 2022
New Delhi [India], June 8 : The Delhi High Court has recently observed that the maintenance of an estranged wife and son can only be increased after an increase in the salary of the husband.
Petitioner's wife had moved a plea seeking enhancement of maintenance. Justice Swarn Kanta Sharma held that the husband is expected to maintain his old father as "he is because of him."
The bench also observed, "Husband is also expected to show some responsibility towards divorced sister and a balance has to be maintained towards maintenance to the wife and other dependants."
The High Court accepted the contention of Advocate Saurabh Kansal's counsel for the respondent-husband the Court also observed that "maintenance under section 127 CrPC can only be enhanced from the date when salary is proved to be increased and not from date of application."
The present revision petition was filed challenging the order of July 4, 2018, passed by the Principal Judge, Family Court directing the husband to pay revised maintenance of Rs. 6,000 per month to the petitioner.
The High Court after hearing the argument and considering the circumference has increased the maintenance from Rs. 6000 to Rs. 7500 per month.
