In 2012, the husband’s alimony was fixed according to the husband’s earnings of Rs 28000. But by the time this order came, the earnings had been Rs 40000.
Delhi high court alimony case: The Delhi High Court has given an important verdict on the survival allowance to the wife in divorce cases. In view of the increased earnings and inflation of the husband, alimony can be increased, the bench of Justice Swarna Kanta Sharma of Delhi High Court said. The decision came on Monday while hearing the petition of a 60 -year -old woman. The petitioner woman was married in April 190. But she separated after two years, accusing them of physical and mental harassment and dowry harassment.
In 2012, the family court ordered the woman’s husband to pay Rs 10,000 alimony every month. In 2018, the woman demanded an increase in alimony, as her husband got a promotion. The husband retired in 2017, but continued work for two years. The woman told the court that her father, who used to help financially, had passed away and has to undergo a lot of treatment. But in September last year, the family court rejected his application.
In view of the woman’s bank balance and FD, the application was rejected by the family court. The woman approached the High Court against this. The woman said that in 2012, the husband’s alimony was fixed on the basis of the husband’s earnings of Rs 28000. But by the time this order came, the earnings had been Rs 40,000. The court did not pay attention to this. The 60 -year -old husband argued that her economic condition has weakened after retiring in 2017. Justice Sharma quashed the decision of the family court, saying that the court did not notice that the earnings on which the alimony was fixed in 2012 is less than the husband’s current pension.