Delhi High Court Reduces Maintenance Awarded to Wife, Cites Equitable Income Sharing

Final Maintenance Reduced to Rs. 17,000 per Month from Rs. 25,000, Ensuring Fair Apportionment

In a significant ruling, the Delhi High Court, presided over by Dr. Swarana Kanta Sharma, J., has revised the maintenance amount awarded to Smt. Swati Jain by her estranged husband, Sh. Ankur Jain. The court has reduced the monthly maintenance from Rs. 25,000 to Rs. 17,000, ensuring a more equitable distribution of the husband's income while securing a dignified living standard for the wife.

The case, arising from a petition under Section 125 of the Criminal Procedure Code, 1973, was initially adjudicated by the Family Court-02, North-East, Karkardooma Courts, Delhi. The Family Court had directed the petitioner-husband to pay Rs. 25,000 per month, a decision challenged by Ankur Jain on grounds of excessive financial burden.

Key to the High Court's decision was the examination of credible evidence regarding Ankur Jain's income. The court noted the petitioner's annual income, as per the Income Tax Return (ITR) for the Assessment Year 2018-2019, was Rs. 5,18,268, translating to approximately Rs. 43,189 monthly. The High Court criticized the Family Court for not adequately considering the documented income evidence and the absence of proof regarding the petitioner's alleged business earnings.

The court also assessed Ankur Jain's subsequent ITRs for later years, which reported significantly lower income. The court found these documents less convincing, partly due to inconsistencies and the petitioner's admission of the 2018-2019 ITR's accuracy.

In its judgment, the High Court applied the precedent set in "Annurita Vohra v. Sandeep Vohra," which suggests apportioning the husband's income into shares, allowing the wife one-third of the net income when there are no children or other dependents. Given Ankur Jain's monthly income, the court concluded that a maintenance sum of Rs. 17,000 per month was appropriate, balancing the wife's need for a dignified living standard with the husband's financial capacity.

The court's decision emphasizes the importance of credible evidence and equitable income apportionment in determining maintenance, ensuring fairness for both parties involved. The judgment reflects a nuanced approach to matrimonial financial disputes, ensuring that maintenance awards do not exceed reasonable limits.

Bottom Line:

Maintenance under Section 125 Cr.P.C. - Determination of maintenance should be based on credible and reliable evidence of income. Interim maintenance does not bind the final determination under Section 125 Cr.P.C.

Statutory provision(s): Section 125, Section 127 of the Criminal Procedure Code, 1973

Sh. Ankur Jain v. Smt. Swati Jain, (Delhi) : Law Finder Doc Id # 2819698