Matrimonial Disputes – Maintenance – Enhancement of – High Court partly enhanced the child maintenance to Rs.1,25,000/per month for both the children – Plea of the Appellant-wife that the deductions as shown by the Respondent-husband are voluntary in nature and include voluntary contributions such as ESPPs which cannot be treated as compulsory deductions to reduce monthly income for the purposes of maintenance – In addition, it was also submitted that the Appellant’s deteriorating health due to aggressive breast cancer directly impacted her ability to cover the shortfall in the minor children’s expenses:
Held: Deductions of Provident Fund and ESPPs are ultimately benefits that would be passed on to the Respondent – Unlike Income Tax payment or professional taxes which are mandatory taxes, PFs and ESPPs are not permanent charges but rather will accrue into the account of the Respondent which can be withdrawn by the depositor in the future – Per interim order, the High Court had already directed interim maintenance towards the Appellant for Rs. 20,000/- per month – However, the interim maintenance is not mentioned in the final order – Maintenance enhanced to Rs.30,000/- per month, particularly keeping in mind the medical expenses for the cancer treatment of the Appellant who is looking after both children who reside with her – Monthly maintenance enhanced for both children to Rs.1,50,000/(Rs.75,000/- per child) with effect from 1st January 2025 – This will not preclude the Appellant from seeking enhancement as and when there are change in circumstances – In view of the undertaking given by the Respondent in the High Court order, no further direction is required as he has to abide by it – Respondent to do the needful as directed above within a period of 3 months from the date of this order. [Paras 18, 20-24]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey.
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