38.6c New Delhi, India, Saturday, July 06, 2024
Judiciary

Amount Spent By Brother On Maintenance Of Divorced Sister Should Be Considered While Determining Maintenance Amount: Delhi HC

By Shashwata Sahu      11 June, 2022 03:32 PM      0 Comments
Amount Spent By Brother On Maintenance Of Divorced Sister

Recently, the Delhi High Court observed that a brother cannot be a mute spectator to his divorced sister's miseries, especially when she is in need of financial help.

(Sarita Bakshi vs. State & Anr.)

Hon'ble Justice Swarana Kanta Sharma said that in Indian culture, a brother and a sister have a deep sense of care towards one another.

The Court stated that,

"The affection shared by family members culminates into bonds and family members are the strongest support system of each other. In particular, the relationship between a brother and a sister has a deep sense of care towards one another. Festivals, norms and traditions in India are an affirmation and recognition of care, affection and responsibility of siblings towards each other."

Therefore, the court held that the amount spent by a man to support his divorced sister must be kept in mind while granting maintenance to his wife.

The Court said that,

"I am of the view that though the divorced sister can legally and morally claim maintenance from her husband, the respondent, at the same time, must be spending and is expected to spend some amount for his sister on special occasions and in case of any emergent need. Therefore, though while apportioning the income of the respondent (brother), one portion of income of the respondent cannot be apportioned to the sister, some amount as expenditure on yearly basis has to be kept aside for the divorced sister as moral obligation of the respondent."

Justice Sharma was hearing a revision petition from a wife who was contesting a family court ruling ordering her husband (Respondent-2) to pay her ₹6,000 in maintenance.

It was mentioned that the husband had remarried and had a child as well. His 79-year-old father and a divorced sister also depended on him, even though the sister was receiving some maintenance from her former husband.

 



According to the court, a husband also has to maintain his elderly father because "he is because of him."

Justice Sharma noted that the man had remarried and had a kid, and that a balance must be struck between maintaining the ex-wife, son, and other dependents.

The court said that,

"It is the duty of the son/daughter to take care of his/her parents during the golden days of their life. The father of Respondent no. 2 is a non-earning member of the family who should enjoy his old age seeing his family happy. Thus, to make sure that the son is able to fulfil the wishes and wants of the father during his golden years, it becomes vital to consider some amount as expenditure for looking after and well-being of his father while determining the amount of maintenance."

Furthermore, the Court observed that relationships cannot be caged in a mathematical formula alone in every case, and that each case has to be decided in view of its special and peculiar circumstances, which may warrant the indulgence of the Court.

The court noted that,

"No doubt in cases involving grant of maintenance calculation has to be made in terms of financial capacity, the same needs to be done keeping in mind all family circumstances."

The Court stated that dependency can only be increased from a date when a person's salary has increased, and that the definition must be understood in the context of Indian culture.

The court eventually determined that even if five parts of the man's salary were apportioned, the sum in favour of the petitioner wife would be ₹8,000.

However, the court decided that, given the circumstances surrounding the respondent's elderly father's dependence on him and other factors, about ₹7,500 will be shared among all dependents.

The court held that,

"The maintenance cannot be enhanced from the date of the application as the present petition is under Section 127 Cr.P.C. wherein, the maintenance amount has to be decided on the basis of the date on which the salary of the husband had changed."

Advocates GP Thareja and Rahul Singh appeared for the petitioner-wife. Advocate Saurabh Kansal appeared for the respondent-husband.

Share this article:



Leave a feedback about this
TRENDING NEWS

who-is-keir-starmer-the-former-human-rights-lawyer-set-to-become-britains-next-prime-minister
Trending International
Who is Keir Starmer ? The Former Human Rights Lawyer Set to Become Britain’s Next Prime Minister

Keir Starmer, former human rights lawyer and Labour Party leader, is set to become Britain's next Prime Minister, ending 14 years of Conservative rule.

05 July, 2024 10:36 AM
criminals-not-born-but-made-sc-remarks-pitches-right-to-speedy-trial
Trending Judiciary
Criminals Not Born, But Made: SC Remarks, Pitches Right to Speedy Trial

The Supreme Court emphasizes the right to a speedy trial, noting "criminals are made, not born" and the potential for redemption for all.

05 July, 2024 01:03 PM

TOP STORIES

first-fir-under-new-laws-filed-in-delhi
Trending Crime, Police And Law
First FIR under new laws filed in Delhi

First FIR under the Bharatiya Nyay Sanhita filed against a street vendor in New Delhi for obstructing a road, highlighting the new criminal code in action.

01 July, 2024 10:57 AM
gauhati-high-court-grants-bail-to-accused-in-ndps-case-due-to-prolonged-incarceration
Trending Judiciary
Gauhati High Court grants bail to accused in NDPS case due to prolonged incarceration [Read Order]

The Gauhati High Court granted bail to Yahiya Khan in an NDPS case, citing prolonged incarceration and undue delay in trial as grounds for release.

01 July, 2024 11:30 AM
indias-criminal-justice-system-overhauled-key-10-points
Trending Know The Law
India’s criminal justice system overhauled: Key 10 points

Explore India's revamped criminal laws with 10 key points, replacing British-era codes for faster justice and addressing modern crimes.

01 July, 2024 11:50 AM
arvind-kejriwal-moves-delhi-high-court-challenging-arrest-by-cbi-in-delhi-excise-policy-case
Trending Judiciary
Arvind Kejriwal moves Delhi High Court challenging arrest by CBI in Delhi Excise Policy Case

Delhi CM Arvind Kejriwal challenges his arrest and custody by CBI in High Court, linked to the 2021-22 Delhi Excise Policy corruption case.

01 July, 2024 12:50 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email