Delhi High Court: Maintenance Must Consider Man’s Support for Divorced Sister
The Delhi High Court emphasized that when determining the maintenance amount, the financial support a man provides to his divorced sister must be taken into account. This ruling came in response to a revision plea filed by a wife challenging a Family Court’s decision that directed her husband to pay her Rs. 6,000 per month in maintenance.
The husband had remarried and had a child from his new marriage. He also had a 79-year-old dependent father and a divorced sister who received maintenance from her ex-husband. The court noted that the husband’s father, being non-earning, should enjoy his old age, and it is the duty of children to care for their parents.
“Relationships cannot be reduced to mathematical formulas. Each case must be decided based on its unique circumstances,” the court stated. While financial calculations are necessary for granting maintenance, all family circumstances must be considered.
The court rejected the argument that a divorced sister cannot be a dependent on the wife. It acknowledged that while the divorced sister can claim maintenance from her ex-husband, the respondent brother is also expected to support his sister, especially in times of need.
“In India, the bond between siblings goes beyond financial dependence. It is expected that siblings will not abandon each other in times of need,” the court remarked. It also highlighted that the respondent’s father, despite not appearing in court, was clearly dependent on his son due to his age.
The court observed that the husband had four dependents: himself, the petitioner wife, his subsequent wife, and their daughter. Additionally, he had financial responsibilities towards his father and divorced sister.
The court decided to allocate the husband’s income into five shares: two shares for the husband as the earning member and one share each for the remaining dependents. As a result, the court increased the maintenance amount from Rs. 6,000 to Rs. 7,500 per month from February 2018, the date the husband received his first enhanced salary.
“The maintenance cannot be enhanced from the date of the application but must be based on the date of the salary change,” the court ordered, thus disposing of the plea.
Case Title: SARITA BAKSHI v. STATE & ANR.
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