Increased Cost Of Living And Passage Of Time Grounds To Enhance Maintenance Under Special Marriage Act: Karnataka High Court

A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Vineetha Thomas and increased the maintenance amount of Rs 10,000 granted to her in the year 2016 to Rs 20,000.

The bench said, "The changed circumstance need not be that the wife should narrate every circumstance of her living, manner of living or the explicit details for enhanced maintenance. It is permissible for the Court to grant enhancement of maintenance on changed circumstances. The changed circumstances in the case would be passage of time and cost of living inter alia."

The court thus set aside the order of Family Court which rejected her application under Section 37 of the Special Marriage Act for enhancement of maintenance. The Family Court had said that merely because the husband earns well, it is not a right for the wife to claim more maintenance.

The High Court observed that maintenance of Rs.10,000 p.m. was granted almost six years ago. Referring to the judgment of the Apex court in the case of Reema Salkan v. Sumer Singh Salkan, it said, "The Apex Court holds that Section 125 of the Cr.P.C. was conceived to ameliorate agony, anguish, financial suffering of a woman and, therefore, maintenance should be awarded on a rational basis...At this distance of time, keeping in mind the spiraling inflation rate and high cost of living, an order should be passed granting such maintenance."

It then held "In the light of the judgment rendered by the Apex Court (supra), it cannot be said that the petitioner was not entitled for enhancement in maintenance. The earning of the husband was not in dispute, as the Court records that merely because the husband earns Rs.1.5 lakhs to Rs.2.00 lakhs a month, enhancement of maintenance cannot be granted. Therefore, the reason rendered by the concerned Court is on the face of it, is erroneous."

Case Title: Vineetha Thomas v. SQD LDR Dr Praveen Kumar Borushetty

Case No: WP 16949 of 2021

Citation: 2022 LiveLaw (Kar) 508

Date of Order: 06-12-2022

Appearance: Vineetha Thomas–party in person.