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Yagwati @ Poonam vs. Ghanshyam

Not available · 2024 INSC 76Decided 29 Jan 2024
Not available

Background

The appellant wife and respondent husband married in 1982, and after the marriage broke down in 1998 the parties lived separately. The Family Court at Jaipur had granted the wife Rs. 3,000/month maintenance, later enhanced by the Rajasthan High Court to Rs. 6,000-10,000/month depending on the period. The wife appealed for a further increase, pointing to an RTI response showing the husband earned over Rs. 1 lakh/month as an Assistant Manager at BSNL; the husband responded that he had since retired and now received only a pension.

Decision Breakdown

The Supreme Court considered the parties' circumstances and enhanced the maintenance to Rs. 20,000/month with effect from the date of its order, and directed that arrears be paid in instalments alongside the regular maintenance. It directed the Family Court, Jaipur to quantify the total arrears and fix a payment schedule such that the combined monthly deduction (regular maintenance plus arrears) does not exceed 50% of the husband's BSNL pension, and directed BSNL itself to ensure the amounts are credited monthly into the wife's bank account.

Lesson Learnt

Maintenance awards are not frozen for life. Courts can revisit and increase them to reflect a spouse's real earning capacity, including post-retirement pension, and can direct an employer to ensure compliance directly, giving the dependent spouse a more reliable route to actually receiving payment.

Official source (sci.gov.in)View Judgment (PDF)

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