Delhi High Court Judgment: Maintenance to Wife Enhanced in Divorce Case

In a recent judgment, the Delhi High Court ruled in favor of the appellant, and enhanced the maintenance amount awarded to wife in a divorce case. The judgment, delivered on 19th April 2022 by Hon’ble Justices Neena Bansal Krishna and Mukta Gupta, addressed the appeal filed by Ms. Saxena challenging the order passed by the Family Judge, North-West District, Rohini, Delhi. This article provides a comprehensive analysis of the case and the court’s decision, highlighting the key arguments and findings.


The appellant, Ms. Anita Saxena, and the respondent, Mr. Ajit Saxena, got married in November 2010 but encountered marital problems leading to the filing of a divorce petition. During the proceedings, Ms. Saxena sought interim pendente lite maintenance under Section 24 of the Hindu Marriage Act, 1955, claiming that her husband, Mr. Saxena, enjoyed a high standard of living while she was dependent on her parents. The court granted her maintenance of ₹1,500 per month, in addition to the maintenance of ₹8,500 already awarded under Section 125 of the Criminal Procedure Code.


Key Arguments

The appellant argued that her husband had intentionally manipulated his salary documents to evade paying higher maintenance. She contended that his reduced salary claims were baseless and contradicted his previous designation and earnings as an Art Director. Additionally, the appellant raised concerns about her husband’s lavish lifestyle and mentioned his additional earnings from website designing contracts. The respondent, on the other hand, claimed that his salary had been reduced due to a decline in his performance and presented a job offer letter with a lower remuneration.

Court's Findings

The court examined the evidence presented by both parties and found the respondent’s claims regarding reduced salary and unstable job opportunities unconvincing. It questioned the sudden reduction in salary without a valid reason and the respondent’s contradictory statements about leaving and joining his job. The court also took note of the respondent’s financial obligations towards his parents, despite having other financially capable siblings. Moreover, the court considered the appellant’s qualifications and the respondent’s technical expertise in determining the enhanced maintenance amount.

Court hammer on Rs. 500 notes depicting a court order in which maintenance amount to wife was enhanced

Court's Decision: Maintenance to Wife Ehanced

Based on its findings, the court modified the earlier order and increased the maintenance amount to ₹15,000 per month, inclusive of the amount already awarded under Section 125 of the Cr. P.C. The court also raised the litigation expenses from ₹8,000 to ₹15,000. The balance amount was to be paid in eight monthly installments, in addition to the regular monthly maintenance.


The Delhi High Court’s judgment in the case of Anita Saxena v. Ajit Saxena provides valuable insights into the court’s approach to determining maintenance in divorce cases. The court carefully analyzed the evidence and considered the financial capacity and qualifications of the parties involved. By enhancing the maintenance amount, the court aimed to ensure a fair and just resolution in line with the principles of the Hindu Marriage Act and other relevant legal precedents. This judgment sets a precedent for future similar cases and highlights the importance of transparent disclosure of income and expenses during divorce proceedings.

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