The Husband’s foreign currency income cannot be converted mechanically for maintenance, the Delhi High Court has clarified while enhancing interim maintenance in a matrimonial dispute.
The Court cautioned against a straight conversion of overseas earnings into Indian currency without appreciating the real cost of living and liabilities abroad.
The ruling came while deciding a revision petition challenging an order of the Family Court that had fixed interim maintenance at ₹50,000 per month in favour of the wife.
After examining the financial realities of overseas employment, the High Court enhanced the amount to ₹1,00,000 per month through a balanced and equitable assessment.
Court’s View On Foreign Currency Earnings And Maintenance
Justice Amit Mahajan observed that although the obligation of a husband to maintain his wife remains sacrosanct, Husband’s foreign currency income cannot be converted mechanically for maintenance by blindly applying Indian formulas.
The Court underlined that earning in dollars or any other foreign currency does not automatically translate into higher disposable income.
The Court noted that a person residing abroad necessarily incurs expenses in the same foreign currency and therefore the cost of living in the United States cannot be equated with that of Delhi. Maintenance must reflect fairness and not mathematical rigidity.
Background Of The Case
The wife had approached the Family Court seeking enhancement of maintenance, contending that the husband was employed in the United States and earned substantially. She further stated that she had left her employment in December 2021 and was currently without income.
The husband opposed the plea, asserting that the wife was a highly qualified professional holding a BE in Information Technology from Delhi Technological University. He alleged that she had voluntarily resigned and was deliberately avoiding employment to inflate her claim.
Legal Principles Applied By The Court
While deciding the issue, the High Court relied upon the Supreme Court judgment in Bhagwan Dutt v. Kamla Devi 1975, which held that a wife is entitled to live with dignity consistent with the family’s status. The expression unable to maintain herself does not require absolute destitution.
Applying these principles, the Court reiterated that Husband’s foreign currency income cannot be converted mechanically for maintenance without considering living expenses, professional obligations, and overall financial capacity.
Maintenance Enhanced After Balanced Assessment
Taking into account the admitted fact that the husband resides and works in the United States and that the wife is presently not gainfully employed, the Court found the earlier maintenance inadequate.
However, instead of equalising incomes, the Court adopted a rounded and pragmatic approach.
Accordingly, the interim maintenance was enhanced from ₹50,000 to ₹1,00,000 per month. The revision petition was allowed.
In conclusion, the Delhi High Court reaffirmed that Husband’s foreign currency income cannot be converted mechanically for maintenance, and courts must adopt a contextual and reasoned approach rather than arithmetical conversion.
Case Details
- Case Title: Mrs. Devika Jain v. Sidharth Jain
- Citation: 2025:DHC:11985
- Court: Delhi High Court
- Bench: Justice Amit Mahajan
- Petitioner Counsel: Advocate Rajinder Juneja
- Respondent Counsel: Advocate Syed Kamran Ali and Advocate Yusuf Khan
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