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2025 Supreme(Online)(Del) 5591

IN THE HIGH COURT OF DELHI AT NEW DELHI
HON'BLE MS. JUSTICE RENU BHATNGAR, HON'BLE MR. JUSTICE NAVIN CHAWLA, JJ
SMT SHIKHA BADHANI – Appellant
Versus
SHRI HEMANT BADHANI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R.S. Sahni, Ms. Jasmine Sahni, Ms. Ashmine Sahni
For the Respondents: Mr. Gaurav Kumar, Mr. Shrestha, Mr. Rahul, Mrs. Sutapa Ghose

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court clarified that a spouse's earning does not disqualify her from receiving maintenance, emphasizing that the standard of living during marriage is the crucial factor when determining maintenance obligations (!) (!) (!) .

  • The appellant-wife, despite being employed and earning approximately Rs. 1,25,000 per month, is entitled to maintenance because her income is insufficient to sustain the standard of living she was accustomed to during the marriage, especially given the substantial income disparity with the respondent (!) (!) (!) .

  • The respondent's annual income exceeds Rs. 1 crore, with additional benefits such as RSUs, stock options, and other employment perks, which significantly enhance his financial capacity (!) (!) .

  • The court highlighted that the purpose of maintenance under the relevant law is to ensure that both spouses can maintain a comparable standard of living, especially when there is a stark disparity in their incomes, rather than to equalize incomes (!) (!) .

  • The court emphasized that the assessment of a wife’s earning capacity is not solely about her ability to earn but also about whether her income suffices to maintain her and her child's lifestyle from the period of marriage (!) (!) (!) .

  • The court noted that the appellant’s current income, while sufficient for her needs, does not match the lifestyle enjoyed during the marriage, and her residing with her parents is temporary and cannot be indefinite (!) (!) .

  • The court observed that the respondent has the financial capacity to provide adequate maintenance and that the existing order of Rs. 35,000 per month for the child, along with expenses, was inadequate given the circumstances (!) (!) .

  • Consequently, the court increased the maintenance amount for the appellant and the minor child from Rs. 35,000 to Rs. 1,50,000 per month, to reflect the disparity in their financial capacities and the standard of living during the marriage (!) .

  • The court reaffirmed that other directions in the original order remain binding, and the appeal was disposed of with this modification (!) .

  • The court also noted that a spouse’s concealment of financial assets and income can influence the assessment of maintenance, and such concealment can mislead the court regarding the true financial status of the respondent (!) (!) .

  • The legal principles establish that earning capacity does not automatically disqualify a spouse from receiving maintenance; rather, the focus is on whether her income is sufficient to maintain her and her child at a standard comparable to that during the marriage (!) (!) (!) .

Please let me know if you need further analysis or assistance.


JUDGMENT

RENU BHATNAGAR, J.

1. This appeal has been filed by the appellant, under Section 19 of the Family Courts Act, 1984 , challenging the Order dated 01.03.2024 (hereinafter referred to as the „Impugned Order‟) passed by the Learned Judge, Family Court-01, West District, Tis Hazari Courts, Delhi (hereinafter referred to as the „Family Court‟), in HMA No. 1074/2020, titled Hemant Badhani v. Shikha Badhani. By the Impugned Order, the learned Family Court partly allowed the application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the „ HMA ‟) filed by the appellant-wife, awarding maintenance of Rs. 35,000/- per month along with all school-related expenses for the minor daughter. However, the learned Family Court declined the appellant's claim for her own maintenance. Aggrieved thereby, the appellant-wife has approached this Court seeking modification of the Impugned Order, enhancement of maintenance for the child, and grant of maintenance for herself.

BRIEF FACTS

2. To give a brief background of the facts in which the present case arises, the marriage between the parties was solemnized on 22.11.2013, according to the Hindu rites and customs, in Delhi.

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