The Himachal Pradesh High Court has substantially revised the maintenance payable to a woman whose claim remained pending for more than 15 years, observing that a meagre and unrealistic amount could only add to her financial hardship.
A Bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma enhanced the maintenance while considering the prolonged litigation, inflation, cost of living and the husband’s earning capacity.
From ₹5,000 to a Revised Maintenance Structure
The woman had been awarded ₹5,000 per month by the Family Court from the date of filing her maintenance claim in 2011.
She challenged the amount before the High Court, arguing that it was inadequate to meet her needs and that she had no independent source of income.
The High Court found that simply continuing with the amount fixed years ago would not provide meaningful financial support.
The Court therefore revised the maintenance as follows:
- ₹5,000 per month from 2011 to 2016
- ₹7,000 per month from 2016 to 2021
- ₹9,000 per month from 2021 to April 2026
- 5% enhancement every two years from April 2026
Court: Maintenance Cannot Push Wife Towards Poverty
The High Court emphasised that maintenance must be reasonable and realistic.
According to the Court, fixing an amount that is merely nominal or disproportionate to the circumstances can defeat the very purpose of maintenance and leave the wife facing financial insecurity.
The Court also considered the substantial increase in the cost of living over the years.
‘Able-Bodied Husband Cannot Escape Responsibility’
The husband had claimed that he did not have a source of income.
The High Court did not accept this as sufficient to avoid the obligation of maintaining his wife.
The Court noted that an able-bodied person who is capable of earning cannot simply escape his responsibility by claiming an absence of income.
The husband had also been employed as a principal/lecturer and was stated to have income from salary and other sources.
Woman Alleged Cruelty After Marriage
The woman stated that she married the respondent in September 2009 according to Hindu rites and customs.
She alleged that she was subjected to cruelty and harassment after the marriage and was eventually forced to leave the matrimonial home.
She further claimed that she had no sufficient independent income to meet her day-to-day expenses.
The husband was proceeded against ex parte during the High Court proceedings.
Dignity Must Remain At The Centre
The High Court connected the determination of maintenance with the constitutional guarantee of dignity under Article 21.
It observed that maintenance is intended to prevent a woman who cannot support herself from being left to face destitution and vagrancy.
The Court also stressed that the amount should be assessed by considering broad factors such as earning capacity, financial circumstances and inflationary costs.
15 Years of Delay Cannot Freeze the Amount
A key factor before the High Court was the extraordinary length of time for which the woman’s claim had remained pending.
The Court therefore did not treat the 2011 maintenance figure as something that could remain unchanged indefinitely.
Instead, it recalculated the amount across different periods to reflect changing economic conditions.
The woman’s plea was accordingly allowed and the maintenance payable to her was enhanced.
Case Details
Court: Himachal Pradesh High Court
Bench: Justice Vivek Singh Thakur and Justice Ranjan Sharma
Issue: Enhancement of wife’s maintenance
Key Principle: Maintenance must be reasonable, realistic and consistent with the circumstances of the parties.
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