Delhi High Court: Foreign Income Cannot Be Directly Converted for Maintenance Awards

“Delhi High Court: Foreign Income Cannot Be Directly Converted for Maintenance Awards”

“Court says maintenance must consider cost of living abroad and real disposable income”

“Judgment clarifies fairness in calculating support for spouses in cross-border marriages”

By Our Legal Reporter

New Delhi: January 04, 2026:

In a significant ruling, the Delhi High Court has clarified that a husband’s foreign income cannot be mechanically converted into Indian rupees for determining maintenance payable to his wife. Justice Amit Mahajan delivered the judgment while hearing cross-petitions filed by a couple challenging a family court order that had awarded ₹50,000 per month as interim maintenance to the wife.

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The Court emphasized that earning in foreign currency does not automatically entitle the wife to higher maintenance. Instead, the calculation must factor in the cost of living abroad, taxes, and actual disposable income.

Case Background

• The wife argued that her husband, a software engineer with Amazon in the US, earned USD 232,000 annually, which she claimed translated to ₹14.6 lakh per month.
• She contended that she had no independent income and sought higher maintenance.
• The husband challenged the family court’s order, arguing that his income abroad could not be directly converted into Indian currency without considering living expenses in the US.
• The High Court upheld the principle that maintenance cannot be determined with mathematical precision and must reflect real circumstances.

Court’s Observations

1. No mechanical conversion: Foreign income cannot be simply multiplied by exchange rates to calculate maintenance.
2. Consider cost of living abroad: Courts must account for higher living expenses, taxes, and deductions in foreign countries.
3. Fairness principle: Maintenance aims to ensure a dignified life for the wife, not to penalize the husband.
4. No mathematical precision: Interim maintenance is an equitable exercise, not a rigid calculation.

Comparison Table: Old Approach vs Court’s Clarification

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Implications for Students and Parents

• For law students: A key precedent in family law, clarifying how foreign income is treated.
• For parents of NRIs: Provides guidance on how courts balance fairness in cross-border marriages.
• For couples: Ensures maintenance awards reflect reality, not inflated currency conversions.

Wider Context

• Supreme Court precedents: The apex court has consistently held that maintenance must ensure dignity, not mere survival.
• Other High Court rulings: Similar observations have been made in Bombay and Karnataka High Courts, stressing fairness in maintenance awards.
• Global perspective: Courts in the UK and US also consider cost of living and taxes when calculating spousal support.

Expert Views

• Family law experts: Say the ruling prevents misuse of foreign income figures to inflate maintenance claims.
• Policy analysts: Note that the judgment strengthens fairness in matrimonial disputes involving NRIs.
• Senior advocates: Emphasize that the ruling balances the wife’s right to dignified living with the husband’s real financial capacity.

Conclusion

The Delhi High Court’s ruling that foreign income cannot be mechanically converted into Indian currency for maintenance awards is a landmark clarification in family law. By emphasizing cost of living abroad, disposable income, and fairness, the Court has ensured that maintenance calculations reflect reality rather than inflated figures.

For spouses in cross-border marriages, the judgment provides clarity and fairness. For the legal system, it reinforces the principle that maintenance is about dignity, not mathematical precision.

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