Delhi HIgh Court

Delhi HC: Husband's Job Loss and Illness Affect Maintenance Payments

Updated
Dec 27, 2025 10:58 AM
delhi-hc-husbands-job-loss-and-illness-affect-maintenance-payments

Quick Summary: The Delhi High Court decided on a family problem involving Pankaj Narwal and Jyoti, changing the money Pankaj has to give Jyoti based on his job and how much he earns.

The Case's Journey: From Marriage to Court

Pankaj Narwal and Jyoti got married on March 6, 2014, and have a son. Jyoti accused Pankaj of abuse and filed a complaint in April 2019 under the Protection of Women from Domestic Violence Act (PWDV Act) asking for financial support.

Initial Maintenance Order: April 2022

On April 8, 2022, the Trial Court decided Pankaj should pay Rs. 7,000 each month as temporary financial support. The court made this decision because Pankaj said he didn't have a job and based on the lowest salary guidelines.

"The court thinks it's right to give temporary financial support of Rs.7000/- to Jyoti and her young son..."

New Evidence: The Job Offer

Jyoti later showed a job offer letter dated November 26, 2021, which showed Pankaj was offered a job with a salary of Rs. 6,00,000 per year. This made the court look at his income again and increase the financial support to Rs. 11,000 per month for both Jyoti and their son from December 2021 to December 2022.

Appeal and Counterarguments

Pankaj disagreed with this and said he lost the job in December 2022 and couldn't work because he was sick. He said the financial support should be based on his current income of Rs. 8,000 per month.

"He also says that he is sick, doesn't have a job, and is currently in jail for not paying the financial support."

Court's Final Decision: Adjusting Maintenance

The court decided:

  • April 2019 to November 2021: Rs. 8,000 per month based on the lowest salary.
  • December 2021 to December 2022: Rs. 11,000 per month each for Jyoti and the child.
  • January 2023 onwards: Rs. 9,000 per month due to Pankaj's changed money situation.

The court aimed to be fair by considering Pankaj's financial situation while also ensuring Jyoti and their son receive reasonable support.

"The unpaid financial support shall be recalculated and cleared within 3 months by Pankaj."

The case shows how complicated financial support disputes can be and the need for honest financial information.


Justice Delivered by: Dr. Swarana Kanta Sharma, December 3, 2025