Court Rules on Maintenance Enhancement, Directs Payment from 2011; Dismisses Frivolous Petition
In a significant judgment, the Delhi High Court has ruled in favor of Preeti Sharma, enhancing her maintenance amount from her ex-husband Anuj Sharma, a Chartered Accountant residing in Dubai. The court's decision, delivered by Justice Swarana Kanta Sharma, addresses three crucial issues regarding maintenance enhancement under Section 127 of the Criminal Procedure Code, 1973.
The case revolved around Preeti Sharma's plea for enhanced maintenance due to changed circumstances, including her mental health condition and Anuj Sharma's financial capacity. The court observed that Preeti Sharma, who suffers from schizophrenia, is unemployed and without an independent source of income. Despite her educational qualifications, her mental health condition significantly impairs her employability. The court found Anuj Sharma's argument that she could earn independently speculative and unsupported by evidence.
Justice Sharma criticized Anuj Sharma for taking contradictory positions, having secured a divorce on the grounds of Preeti Sharma's mental illness while opposing her maintenance claim by asserting her capability to earn. The court emphasized that a husband’s duty to maintain his wife is independent of her family's financial status, noting that Preeti Sharma resides with her parents out of necessity, not choice.
The court ruled that the existing maintenance of Rs. 15,000 per month was inadequate given the circumstances. Consequently, the maintenance was increased to Rs. 20,000 per month from July 12, 2017. Furthermore, the court upheld the Family Court’s decision to grant enhanced maintenance from January 13, 2011, the date of filing the fresh application under Section 127, rejecting Preeti Sharma's plea for retrospective enhancement from 2007.
In another petition, Preeti Sharma challenged an order that disposed of her execution petition, claiming a misinterpretation of the maintenance order. However, the court found no merit in this challenge, affirming that the enhanced maintenance was Rs. 9,000 per month from January 2011 to July 2017, not an additional amount on top of the earlier Rs. 6,000. The court dismissed this petition as frivolous and imposed costs of Rs. 10,000 on Preeti Sharma.
This judgment underscores the importance of maintaining realistic maintenance amounts in light of changed circumstances and ensures that dependent spouses can live with dignity.
Bottom Line:
Enhancement of maintenance under Section 127 Cr.P.C. requires consideration of changed circumstances, including financial status, cost of living, and health conditions of the dependent spouse. Husband's voluntary financial commitments cannot override the obligation to maintain his dependent spouse.
Statutory provision(s): Section 127 of the Criminal Procedure Code, 1973
Preeti Sharma v. Anuj Sharma, (Delhi) : Law Finder Doc id # 2849134
