Wife has MBA, rental and FD income; Delhi HC reduces monthly maintenance to Rs 25,000
The Delhi high court reduced a husband's interim maintenance payment. The wife is well-qualified and has her own rental income. She also receives interest from fixed deposits each month. The court considered the husband's financial responsibilities for their children. This decision adjusted the monthly payment from thirty thousand to twenty-five thousand rupees.
The Delhi High Court has reduced the monthly interim maintenance payable by husband Ashutosh Rai Asthana to his wife, Yamita Rai Asthana, from Rs 30,000 to Rs 25,000. The court made the decision on August 11 after partially allowing a petition filed by Ashutosh against the family court's order granting Rs 30,000 per month to Yamita starting from April 12, 2021.
The couple got married on November 2, 1995, and have two children. Yamita filed for maintenance on April 9, 2021, after a disagreement between them. The family court had initially awarded her Rs 25,000 as interim maintenance on January 15, 2022, which was later increased to Rs 30,000 per month on June 5, 2024, following Ashutosh's appeal.
Ashutosh argued in the high court that he was responsible for his children's financial needs, including his elder daughter's medical education. He also mentioned that Yamita, who holds an MBA in Finance, was capable of earning her own income. Yamita was residing in a house bought by Ashutosh and also had rental and fixed deposit income. Additionally, Ashutosh had several loans to repay.
However, Yamita opposed the petition, acknowledging that the family court had considered her husband's financial position. She pointed out that Ashutosh's income exceeded Rs 63 lakh annually and that he also owned a cargo business.
The Delhi High Court reduced the interim maintenance based on several factors, such as the children living with Ashutosh, his financial responsibilities, and Yamita's qualifications and income sources. The court also referred to the Supreme Court's guidelines in Rajnesh v Neha, which emphasize considering income, property, number of dependents, liabilities, and ability to pay when deciding maintenance amounts.
Written by urgent.news from Times of India's reporting — not their text. Machine-written — it may contain errors, so check the original before relying on it.