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Family Law · Maintenance

Maintenance Can Be Enhanced When Circumstances and Cost of Living Materially Change

Source / authority: Delhi High Court decisions reported in 2025 on enhancement under Section 127 CrPC, including X v. Y, reported as 2025 LiveLaw (Del) 1054; the underlying statutory framework is now to be read with the corresponding BNSS provisions where applicable.
The Delhi High Court has recognised that a maintenance amount fixed years earlier may require reconsideration where there is a material change in circumstances, including significant changes in income and the cost of living.

What the Court considered

In a 2025 decision, the Delhi High Court treated a significant increase in the husband's income together with a substantial increase in the cost of living as relevant changed circumstances for considering enhancement of maintenance.

Maintenance is fact-specific

An enhancement is not automatic merely because time has passed. The court examines the circumstances, financial capacity, needs and other relevant material placed before it.

Practical lesson

A party seeking alteration of maintenance should place reliable material showing the relevant change in circumstances rather than relying on a bare assertion that the existing amount is inadequate.
This article is for general legal awareness and is not a substitute for legal advice in an individual matter. The law and the cited decision should be checked against the facts and the law in force when advice is given.
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