Court considers cost of living in the USA, wife's unemployment, and husband's financial capacity to double maintenance from Rs. 50,000 to Rs. 1,00,000 per month.
In a significant ruling, the Delhi High Court has enhanced the interim maintenance awarded to Mrs. Devika Jain from Rs. 50,000 to Rs. 1,00,000 per month, taking into account the financial capacity of her husband, Mr. Sidharth Jain, who is employed in the United States and earns in foreign currency. The judgment highlights the need to consider the cost of living in the USA and the financial circumstances of both parties.
The judgment was delivered by Justice Amit Mahajan in response to two petitions: one filed by Mrs. Devika Jain seeking an increase in maintenance and the other by Mr. Sidharth Jain seeking a reduction. The court examined the circumstances surrounding the couple's financial status, noting that Mr. Sidharth is employed as a Software Engineer with Amazon in the USA, earning an annual salary of $232,000, approximately Rs. 14,61,000 per month in Indian currency.
Mrs. Devika Jain, who is currently unemployed, argued for an increase in maintenance due to the disparity between her husband's earnings and the interim maintenance amount. The court acknowledged that Mr. Sidharth's earnings in dollars meant he also incurred expenses in the same currency, emphasizing that maintenance calculations cannot be simply based on currency conversion without considering the living standards in the USA.
The court also addressed the issue of Mrs. Devika Jain's qualifications, noting that while she is educated, her capacity to earn cannot be equated with actual earnings. It was observed that the burden of proving her financial independence lies with Mr. Sidharth Jain, and the question of deliberate unemployment can only be decided after evidence is presented during the trial.
Justice Mahajan remarked that interim maintenance is an estimation based on the present financial position of the parties rather than precise calculations, considering factors like lifestyle indicators and admitted earning capacity. The court ruled that the enhanced maintenance is payable from the date of filing the interim maintenance application, with adjustments for any amounts already paid.
The Delhi High Court's decision reinforces the principle that maintenance should be fair and reflective of the financial realities and living standards of the parties involved, rather than a mechanical conversion of foreign income into Indian currency.
Bottom Line:
Interim Maintenance - Wife entitled to enhancement of interim maintenance considering husband's earning in foreign currency - Mere earning in foreign currency does not entitle wife to claim maintenance by mechanically converting foreign income into Indian currency - Duty of husband to maintain wife, but calculation of maintenance must take into account cost of living and attendant circumstances.
Statutory provision(s): Protection of Women against Domestic Violence Act, 2005
Mrs Devika Jain v. Sidharth Jain, (Delhi) : Law Finder Doc Id # 2832384
