Allow Cookies!
By using our website, you agree to the use of cookies
This case came up with relation to the amount of maintenance payable to the wife. It was calculated that, the husband’s gross income is to be apportioned with two parts for the husband and one part for the wife if there is no other dependent member. This present judgement was passed in the Hon’ble Delhi High Court by Justice Sanjeev Sachdeva. This case arose from a plea assailing a trial court order which reduced the quantum of maintenance awarded to the petitioner-wife from 30% of the gross income of the respondent-husband to 15%. The marriage of the couple took place in May 2006 and ended in October of the same year. An order for the grant of interim maintenance was passed in May 2008.The order awarded 30% of the gross income of the husband’s salary for maintenance of the petitioner.
It was submitted by the Petitioner that, there was no plausible reason for the reduction of the maintenance. However it was contended that,trial court’s calculation was justified on the ground that the petitioner had income from other sources as well, which was reflected in her bank account. As no question was raised regarding the maintenance except the quantum of maintenance, the Court thus held that the order awarding maintenance at 15% of the gross salary after deduction of minimum statutory legal deductions was not sustainable. The Court’s order stated that the Director General, CISF is required deduct 30% of the gross income of the husband, after making minimum statutory deductions, and pay the same directly to the wife towards the future monthly maintenance amount.This direction would remain effective until the lifetime of the wife or till she gets remarried.The Court also awarded an additional 15% of the gross income of the husband to the wife to clear the arrears from the date of the trial court’s judgment.
86540
103860
630
114
59824