Case Note & Summary
The dispute arose from a matrimonial discord between the appellant-wife and the respondent-husband, who were married on 09.12.2004 and had two sons born in 2011 and 2014. After the husband left the family home in 2018, the wife filed a divorce petition and an application under Sections 24 and 26 of the Hindu Marriage Act, 1955, seeking interim maintenance for herself and the children. The Family Court initially awarded child maintenance of Rs.37,000 per child per month (later enhanced to Rs.40,000) but declined maintenance for the wife. This order was affirmed by the High Court. Subsequently, the Family Court enhanced child maintenance to Rs.50,000 per child per month from April 2024, which the wife challenged, seeking further enhancement. During the pendency of the appeal, the wife was diagnosed with aggressive breast cancer, and the High Court directed interim maintenance of Rs.20,000 per month for her medical needs. The High Court finally disposed of the appeal, enhancing child maintenance to Rs.1,25,000 per month for both children, but omitted the interim maintenance for the wife in its final order. The wife appealed to the Supreme Court, contending that the children's actual expenses exceeded Rs.1,66,847 per month, that the husband's voluntary deductions like Provident Fund and Employee Stock Purchase Plans should not reduce his income for maintenance calculation, and that her medical condition necessitated continued and enhanced maintenance. The Supreme Court examined the husband's income, noting that after voluntary deductions, his net income was lower, but held that PF and ESPP are benefits accruing to the husband and cannot be treated as compulsory deductions. It emphasized that children must receive maintenance commensurate with the parents' standard of living. Accordingly, the Court enhanced child maintenance to Rs.1,50,000 per month (Rs.75,000 per child) effective from 1st January 2025. It also enhanced the wife's interim maintenance to Rs.30,000 per month, considering her medical expenses. The Court directed compliance within three months, including clearing arrears, and noted the husband's undertaking regarding transfer of a vehicle. The appeals were disposed of with these modifications.
Headnote
A) Family Law - Child Maintenance - Standard of Living - Hindu Marriage Act, 1955, Sections 24, 26 - The maintenance for minor children must be fixed keeping in view the standard of living of the parents and the actual expenses incurred on education, extracurricular activities, and other needs. Held, that the children are entitled to the same facilities enjoyed by their parents, and the court enhanced the maintenance to Rs.1,50,000 per month for both children (Rs.75,000 per child) effective from 1st January 2025. (Paras 14, 19, 23) B) Family Law - Maintenance - Determination of Income - Voluntary Deductions - Hindu Marriage Act, 1955, Sections 24, 26 - Deductions from the husband's salary such as Provident Fund and Employee Stock Purchase Plans (ESPP) are not permanent charges but benefits that accrue to the husband, unlike income tax or professional taxes, which are mandatory. Such voluntary deductions cannot be treated as compulsory deductions to reduce the net income available for maintenance calculation. (Paras 19, 20) C) Family Law - Interim Maintenance - Medical Needs of Wife - Hindu Marriage Act, 1955, Section 24 - The wife was diagnosed with aggressive breast cancer, and the High Court had initially directed interim maintenance of Rs.20,000 per month. The Supreme Court noted that the final order omitted this maintenance and enhanced it to Rs.30,000 per month, considering her medical expenses and that she is caring for the children. (Paras 12, 21, 22)
Issue of Consideration
Whether the High Court correctly enhanced child maintenance to Rs.1,25,000 per month; Whether voluntary deductions can be treated as compulsory to reduce income for maintenance; Whether interim maintenance for wife's medical expenses should be continued and enhanced
Final Decision
The Supreme Court partially allowed the appeal, enhancing child maintenance to Rs.1,50,000/- per month (Rs.75,000 per child) effective from January 1, 2025; and enhanced the wife's interim maintenance to Rs.30,000/- per month for medical expenses. The Court also held that voluntary deductions like PF and ESPP cannot be treated as compulsory deductions to reduce income. The Court directed the respondent-husband to comply with the undertaking regarding vehicle transfer and clear arrears within three months.
Law Points
- Maintenance under Section 24 and 26 of Hindu Marriage Act
- 1955
- child maintenance should correspond to parents' standard of living
- voluntary deductions like Provident Fund and Employee Stock Purchase Plans cannot reduce net income for maintenance
- interim maintenance for medical needs of spouse is permissible
- reasonable approximation in maintenance estimation
- standard of living of children must be maintained
