The Delhi High Court has held that a husband's earnings in foreign currency cannot be mechanically converted into indian currency for maintenance to wife.

The Court was considering a Revision Petition against an order of the Family Court whereby the wife was awarded interim maintenance in the sum of ₹50,000/- per month.

The bench of Justice Amit Mahajan held, "....While this Court is conscious of the sacrosanct duty of a husband to maintain his wife, such obligation cannot be construed to mean that the entirety of the husband’s income is liable to be equalised or proportionately mirrored in the amount of maintenance payable to the wife. Mere earning in foreign currency does not, by itself, entitle the wife to claim maintenance by mechanically converting the husband’s foreign income into Indian currency and applying the formulae evolved by Indian courts without due regard to the attendant circumstances."

The Petitioner was represented by Advocate Rajinder Juneja while the Respondent was represented by Advocate Syed Kamran Ali.

Facts of the Case

The Petitioner-Wife had sought enhancement of the maintenance amount on the grounds inter alia that the Husband is working in the United States and she has left her job around December 2021.

The Husband countered this, stating that she is a highly qualified lady and has completed her BE (IT) from DTU Delhi, and has the capacity to earn handsomely. He also accused her of deliberately leaving her job, choosing to remain unemployed.

Reasoning By Court

The Court referred to the judgment of the Apex Court in Bhagwan Dutt v. Kamla Devi (1975) wherein it was observed that the wife should be in a position to maintain a standard of living which is neither luxurious nor penurious but what is consistent with status of a family and clarified that the expression "unable to maintain herself" does not mean that the wife must be absolutely destitute before seeking maintenance.

Considering the totality of the circumstances and the admitted positions, the Court concluded that the interim maintenance of Rs. 50,000/- per month awarded by the learned Family Court, does not appear to be commensurate with the Husband’s earning capacity or the status of the parties.

"In the present case, it is undisputed that the husband is earning in foreign currency and is residing in the United States of America. Consequently, he is also required to incur expenses in foreign currency, and the standard as well as the cost of living in the USA cannot be equated with that prevailing in Delhi....", the Court held.

Noting that the wife is not gainfully employed, the Court enhanced the interim maintenance from Rs. 50,000/- per month to Rs. 1,00,000/- per month, based on a broad, reasonable, and rounded-off assessment.

The Petition was accordingly allowed.

Cause Title: Mrs. Devika Jain v. Sidharth Jain (2025:DHC:11985)

Appearances:

Petitioner- Advocate Rajinder Juneja,

Respondent- Advocate Syed Kamran Ali, Advocate Yusuf Khan

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Delhi High CourtJustice Amit Mahajan

Sheetal Joon