Spouse entitled to a rise in baby assist if her husband’s wage will increase: Punjab and Haryana HC

The Punjab and Haryana Supreme Court ruled Tuesday that if the man’s salary increases during the period, the woman is entitled to an increase in alimony after a divorce. Judge HS Madan issued the order after rejecting an application filed by a husband.

Varun Jagota, a resident of Panchkula, Haryana, challenged the Panchkula Family Court order, which resulted in the case being taken up by the High Court. The family court had raised the woman’s interim allowance from Rs 20,000 to Rs 28,000 after the husband received a raise at work.

The husband had argued that his salary had increased from 95,000 to 14,000 rupees and that after that it would add up to 92,175 rupees. He challenged the court and asked how he could give the woman 28,000 rupees after the deductions.

The petitioner’s arguments were rejected on the grounds that the High Court would only intervene in such a case if the order was illegal or biased.

The High Court dismissed the case, clarifying that if a husband’s salary increases, the wife is entitled to an increase in child support.

In early January of this year, the Punjab and Haryana Supreme Court made it clear that they cannot be denied the right to live their lives the way they want if the marriage between two parties has irreversibly failed.

The court had made these comments while waiving the statutory six-month period before a mutually agreed divorce could be granted.