This civil appeal challenges the Delhi High Court’s final and clarification orders regarding child maintenance, spousal support, and contempt proceedings. The Supreme Court reviewed the financial capacity of the respondent-husband, noting that voluntary deductions such as Provident Fund contributions and employee stock savings plans (ESPPs) should not be treated as permanent or compulsory deductions to dilute net disposable income for maintenance computations. Recognizing the appellant-wife’s diagnosis of aggressive breast cancer and the documented rising expenses of the two minor children, the Supreme Court enhanced the total child maintenance to Rs. 1,50,000 per month (Rs. 75,000 per child) effective from January 1, 2025, increased the appellant-wife’s maintenance to Rs. 30,000 per month, and directed compliance within three months.
- Factual & Procedural Background:
- Following marital discord and separation, the appellant-wife instituted divorce proceedings alongside an application for interim maintenance under Sections 24 and 26 of the Hindu Marriage Act, 1955.
- The Family Court and subsequently the Delhi High Court incrementally adjusted child maintenance, leading to an enhancement to Rs. 1,25,000 per month for both children by the High Court.
- During the pendency of the proceedings, the appellant-wife was diagnosed with aggressive breast cancer, prompting the High Court to grant interim maintenance of Rs. 20,000 per month to her, though issues regarding arrears and voluntary salary deductions remained contentious.
- Supreme Court’s Analysis on Income and Deductions:
- The Court evaluated the respondent-husband’s gross salary of approximately Rs. 4,50,000 per month, supplemented by an average annual bonus.
- It accepted the appellant’s submission that deductions towards Provident Fund (PF) and Employee Stock Purchase Plans (ESPPs) are savings and future benefits rather than mandatory statutory taxes (like Income Tax or professional tax), and thus should not reduce the net disposable income pool available for calculating maintenance.
- Modifications and Final Directions:
- Child Maintenance: Enhanced to a total of Rs. 1,50,000 per month (Rs. 75,000 per child per month) effective from January 1, 2025, with liberty reserved for the appellant to seek future enhancements upon changed circumstances.
- Spousal Support: Factoring in the medical expenses for the appellant-wife’s cancer treatment while looking after both children, her maintenance was increased to Rs. 30,000 per month.
- Compliance: The respondent-husband was directed to fulfill all pending financial obligations, arrears, and vehicle transfer undertakings in terms of the prior High Court directions within a strict timeline of three months.
