Wife entitled to increase in alimony if husband’s salary increases: Punjab and Haryana HC

2 weeks ago

The Punjab and Haryana High Court on Tuesday, decided that after a divorce, the wife is entitled to an increase in alimony if the husband’s salary increases during the period. Justice HS Madan passed the order after dismissing a petition filed by a husband.

Varun Jagota, a resident of Panchkula in Haryana, challenged the order of the Panchkula Family Court after which the case was taken up by the High Court. The Family Court had increased the wife’s interim allowance from Rs 20 thousand to Rs 28 thousand after the husband received a raise at work.

The husband had put forth the argument that his salary increased from Rs 95 thousand to Rs 1 lakh 14 thousand and after deductions, it sums up to Rs 92,175. He challenged the court asking how he could give the wife Rs 28 thousand after the deductions.

The petitioner’s arguments were rejected on grounds that the High Court can only intervene in such a case when the order is against the law or is biased.

The High Court dismissed the case and made it clear that in the case a husband’s salary increases, the wife is entitled to an increase in alimony.

Earlier in January this year, the Punjab and Haryana high court had made it clear that if marriage between two parties has broken down irretrievably, they cannot be denied the right to live their lives in the manner they like.

The court had made these observations while waiving off the statutory period of six-month separation that is mandatory before divorce can be granted on ground of mutual consent.

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