Man working abroad is not liable to pay enhanced maintenance

  • Just because a man is employed abroad and earns in local currency, a wife is not entitled to seek enhanced maintenance, the Delhi high court has said.

    The court said he has to spend also on the higher cost of living abroad and cannot be assumed to be capable of paying more maintenance in India.

    A bench of Justices Pradeep Nandrajog and Pratibha Rani dismissed an appeal filed by a woman seeking enhancement of maintenance on the ground that her husband works in Dubai and has no other liability.

    In 2014, a trial court had granted her maintenance of 5,000 per month along with Rs 2,000 per court visit for attending the hearing on a divorce plea filed by the husband and Rs 500 as dearness allowance.
    However, the woman had approached the high court seeking enhancement of maintenance.


    The ruling of the judge on this matter is precise and very well thought of. The man would have to pay for his cost of living too, which is obviously higher than in India. Moreover, the whole point of the husband paying maintenance is that the wife should not have any trouble maintaining herself and their children, if any. If the women was fine with the maintenance she received earlier, then what is the point of her asking for more?

    Visit the Indian Kanoon section of LawRato to learn more on Indian Laws.

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