38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Wife Entitled To 1/3rd Of Husband’s Gross Income As Maintenance If There Is No Other Dependent Member: Delhi HC [Read Judgment]

By LawStreet News Network      06 June, 2019 12:00 AM      0 Comments

The Delhi High Court on May 29, 2019, in the case of Babita Bisht v. Dharmender Singh Bisht, has held that for payment of maintenance to a wife, 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.

A Single Judge Bench of JusticeSanjeev Sachdeva was hearing a petition filed by the wife against the order of the Trial Court which reduced the quantum of maintenance awarded to the petitioner-wife from 30% of the gross income of the respondent-husband to 15%.

In this case, the parties were married in May 2006 and separated in October 2006.

Pursuant to an application under Section 125 of the Code of Criminal Procedure, 1973, an order for grant of interim maintenance was passed in February 2008. The order awarded 30% of the gross income of the husband’s salary for maintenance of the petitioner.

After parties led their evidence, the Trial Court passed the impugned judgment holding that the wife was entitled to 15% of the gross salary of the husband who was employed as an Inspector in CISF.

Learned counsel, appearing for the petitioner-wife submitted before the court that no rational or reasoning was given by the Trial Court for reducing the maintenance amount from 30% to 15 %.

On the other hand, the learned counsel for the respondent-husband argued that payment of 30% of the gross income is on the higher side and that the petitioner has income from other sources, which was reflected in her bank account.

Based on the submissions made by the wife, the court recorded that her father was putting money into her bank account for daily expenses of the family and the same was reflected in her bank account.

After hearing the parties, the court noted that there is no other dependent member of the respondent apart from the petitioner. In case the formula of apportionment is applied, the respondent would be entitled to retain two parts of his income after making the mandatory statutory deductions and one part of the same would be payable to the wife.

The court thus recorded that while there was a clear rationale behind awarding interim maintenance at 30% of the gross income of the husband, the Trial Court was completely silent with regard to its reduction to 15%.

Reliance was placed on two Supreme Court judgments in Reema Salkan v. Sumer Singh Salkan (2018) and Bhuwan Mohan Singh v. Meena (2015), to observe that sustenance did not necessarily mean to lead the life of an animal. The wife is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband and that the husband could not deprive her of the benefit of living with dignity.

In the present case, the right to receive maintenance of the petitioner was not in question and the only issue was with regard to the quantum.

In view of the absence of any reason for the reduction, the court said that “the impugned order to the extent that it awards maintenance at 15% of the gross salary after deduction of minimum statutory legal deductions is not sustainable. The order is, accordingly, modified to the extent that petitioner is held entitled to 30% of the gross income of the respondent after the minimum statutory deductions.”

Accordingly, the court directed the Director General CISF to deduct 30% of the gross income of the respondent, after making minimum statutory deductions, and pay the same directly to the petitioner towards the future monthly maintenance amount.

Further, the court clarified that this direction would remain effective until the lifetime of the wife or till she gets remarried, whichever is earlier. On superannuation or Voluntary Retirement of the husband, the computation of the monthly maintenance shall be made in a similar 2:1 fashion.

Allowing the petition, 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.

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email