S.127 CrPC | Must Consider Husband's Financial Status, Changed Circumstances While Determining Maintenance In Matrimonial Dispute: Delhi High Court

The Delhi High Court has observed that the determination of maintenance in matrimonial disputes depends on the financial status of the husband and the standard of living that the wife was accustomed to in her matrimonial home.

Justice Chandra Dhari Singh added that the financial capacity of the husband, his actual income with reasonable expenses for his own maintenance, and dependant family members whom he is obliged to maintain under the law including the liabilities, would be required to be taken into consideration, to arrive at the appropriate quantum of maintenance to be paid.

The Court was of the view that the phrase "change of circumstances" referred to in Section 127(1) of CrPC is a comprehensive phrase which also includes change of circumstances of husband.

"The amount of maintenance once fixed under section 125(1) Cr.P.C. is not something which can be taken to be a blanket liability for all times to come. It is subject to variation on both sides. It can be increased or decreased as per the altered circumstances," the Court said.

It added "Further, the circumstances alleged by the revisionist/wife already existed at the time of passing the original maintenance judgment; therefore, proof of such circumstances cannot form the basis for altering the amount of maintenance under sub-section (1) of Section 127 Cr.P.C."

The Court was dealing with a criminal revision petition filed by a wife seeking enhancement of quantum of maintenance awarded by the Principal Judge, Family Court, claiming it to be on the lower side.

Vide Judgment dated 27th November 2017, the petition under sec. 125 of the Cr.P.C filed by the wife was allowed, by which the husband was directed to pay litigation cost of Rs. 11,000.

The Court noted that the marriage between the parties was solemnised, however, due to some differences between them, they had started living separately.

It observed that the intent behind granting interim or permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as punishment to the other spouse.

"The plain import of sub-section (1) of Section 127 Cr.P.C is that a provision is made therein for an increase or decrease of the allowance consequent on a change in the circumstances of the parties at the time of the application for alteration of the original order of maintenance. It must be shown that there has been a change in the circumstances of husband or of the wife," the Court said.

The Court opined that the amount of maintenance once fixed under sec. 125(1) of Cr.P.C. is not something which can be taken to be a blanket liability for all times to come and that the same is subject to variation on both sides.

"It can be increased or decreased as per the altered circumstances. Further, the circumstances alleged by the revisionist/wife already existed at the time of passing the original maintenance judgment; therefore, proof of such circumstances cannot form the basis for altering the amount of maintenance under sub-section (1) of Section 127 Cr.P.C. In the instant case, there is nothing on record to prove that there has been change in circumstances that would warrant an enhancement in maintenance," it said.

The Court noted that the wife had not placed on record any documents to assess the husband's exact income in order to establish that the he was earning such handsome amount of money.

"Even this Court does not find any material(s) on record to ascertain the exact income of the respondent nor is there any change in circumstances," it said.

Accordingly, the plea was dismissed.

Case Title: JYOTI @ GAYATRI v. ROHIT SHARMA @ SANTOSH SHARMA

Citation: 2022 LiveLaw (Del) 561

Click Here To Read Order