Delhi High Court Reduces Maintenance for Wife as She Gains Employment

Delhi high court Reduces Maintenance for Wife as she Gains Employment

DELHI HIGH COURT, 5TH OCTOBER, 2023: The Court modified a maintenance order issued by the Family Court. The case, MAT.APP.(F.C.) 296/2023, involved a husband seeking to set aside a maintenance order for his wife and daughter. The Court reduced the maintenance amount based on changed circumstances.

Background of the Case

The husband had filed an appeal under Section 28 of the Hindu Marriage Act, 1955, along with Section 19 of the Family Courts Act. The purpose of the appeal was to challenge an Order issued on May 20, 2023, by the learned Judge at the Family Court, Patiala House Courts, Delhi.

The contested Order arose from an application filed under Section 24 of the Hindu Marriage Act, 1955, on behalf of the respondent, who is the wife. The application had been allowed, directing the Husband to pay maintenance.

Maintenance Amount Disputed

The husband in the trial court admitted to earning a monthly salary of Rs. 2,06,000. The court also considered his monthly income as Rs. 2,00,000. When the Family Court issued the order, it noted that when the Wife filed the application under Section 24 of the Hindu Marriage Act, 1955, she had no income source and relied entirely on her father to support herself and her daughter.

The Family Court’s Order mandated that Husband to pay Rs. 79,800 per month from June 2020 to June 2022, and Rs. 86,200 per month from July 2022 onwards. This financial support was to be provided jointly to the wife, and their daughter. Additionally, it was stipulated that the maintenance amount should increase by 2.5% annually starting from April 1, 2024.

Deliberations at the Delhi High Court

The Delhi High Court, presided over by Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna, carefully considered the case. The Court took into account the financial circumstances of both parties, which had evolved since the initial application under Section 24 of the Hindu Marriage Act, 1955.

Modification of the Maintenance Order

The Delhi High Court acknowledged that wife had experienced changes in their financial situations. She was initially without a source of income and reliant on her father for her and her daughter’s upkeep, had secured employment with Pradhan Airways on July 14, 2022, with a monthly salary of Rs. 34,016.

In light of these changed circumstances, the Court decided to modify the maintenance order. As per the revised order, Husband was directed to pay Rs. 50,000 per month to the Wife and their daughter.


The Delhi High Court’s judgment in MAT.APP.(F.C.) 296/2023 serves as a significant legal precedent. It underscores the Court’s commitment to ensuring that maintenance orders are fair and equitable, taking into account the evolving financial circumstances of both parties. This landmark decision reflects the Court’s dedication to upholding justice in family matters.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 296/2023. It can serve as a valuable resource for legal reference.

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