2025 (7) TMI 1527 - HC - Indian Laws

Reduction in the maintenance amount by the Ld. Magistrate - reduction to be made then should it be made effective from the date of order or the change in the circumstances i.e. the date of retirement of the petitioner. Reduction in the maintenance amount by the Ld. Magistrate - HELD THAT - In the present time and age there has been a drastic change in the society with relation to marital obligations. Therefore this sharp fluctuation demands for a change in the judicial approach towards the grant of maintenance as well as maintenance is no longer a hand out to barely cover subsistence. Rather it has now become a tool to preserve life style stability. As a sequel it fundamentally repositions spousal support as a continuity of living not compensation for separation. The Hon ble Apex Court in recent judgments has underscored the importance of the fact that post separation maintenance should mirror the life style of the wife during period of their married life. In the case at hand the petitioner in connection with CRR 472 of 2024 has himself admitted that he has to incur expenses to the tune of Rs. 15, 000/- towards his driver s salary. But ironically he is not inclined to pay maintenance to the tune of Rs. 20, 000/- even to the person who has spent a considerable period of her life with him and also with whom he has a son. In this connection it would be pertinent to mention that any settlements to be arrived at between the parties must take into account actual living standards and cost of inflation. On the other hand it reinforces the idea that women who have devoted years to domestic responsibilities deserve to maintain a comparable life after separation. The estranged husband (opposite party in connection with CRR 770 of 2024 and petitioner in connection with CRR 472 of 2024) is hereby directed to pay maintenance to the tune of Rs. 25, 000/- per month along with a 5% hike every two years considering issue of automatic adjustment for inflation. Therefore the issue stands decided against the opposite party in connection with CRR 770 of 2024. Exact date from which the reduction should be effective - HELD THAT - A meticulous assessment of Section 127 of the CrPC would make it abundantly clear that there is no specific provision which sheds light on effective date of determination of such reduction. Therefore the object of the very statutory provision grants discretion to the Court to decide the operative date - there are no reason to interfere with that portion of the impugned order which deals with the date of effect of reduction of maintenance - the issue decided against the petitioner/estranged husband. Both the revision applications being no. CRR 770 of 2024 CRR 472 of 2024 stand disposed of.

Summary

ISSUES:

Whether the reduction in the maintenance amount by the learned Magistrate under Section 127 CrPC is legally sustainable.If reduction is warranted, from which date should the reduced maintenance amount take effect- the date of the order or the date of change in circumstances (retirement of the maintenance payer)?

RULINGS / HOLDINGS:

The reduction of maintenance from Rs. 30,000/- to Rs. 20,000/- per month by the learned Magistrate is not fully sustainable; the Court increased the maintenance to Rs. 25,000/- per month with a 5% hike every two years to reflect the "dignity and standard of living" and the "concept of equi status" of the wife.The effective date of the reduction in maintenance shall remain the date of the impugned order (30.12.2023) as Section 127 CrPC grants discretion to the Court to decide the operative date, and no interference is warranted with the Magistrate's decision on this point.

RATIONALE:

The Court applied the statutory framework of Section 127 CrPC governing variation of maintenance orders, emphasizing that maintenance is a "legal obligation" and not charity, and must preserve the "life style stability" and "marital standard of living" of the wife post-separation.The Court rejected reliance solely on the income tax returns as "not conclusive proof" of actual income, recognizing the possibility of under-reporting and the necessity to consider "all declared, undeclared and historical earnings," assets, and potential income sources, consistent with recent Apex Court precedents.The Court considered factors including residential comfort, health care standards, social and economic status, qualifications, employment, income sources, assets, inflation, and the fact that the wife is a homemaker dependent on maintenance, while the husband has retired and incurs significant expenses.The Court noted the absence of a specific provision in Section 127 CrPC regarding the effective date of maintenance variation, confirming judicial discretion in this regard and affirming the Magistrate's choice of the order date as effective date.