A division bench of Delhi High Court help that, HMA 24 is not to equalize the parties. Also highlighted the importance of PPPI (Purchase Power Parity Index) published by World Bank, while computing foreign salary obtained outside India.
From Para 8,
8. The respondent/ husband has explained that as per the PPP (Purchase Power Parity) Index published by World Bank, the dollar cannot be converted into Rupees at the prevailing exchange rate. The dollar has to be multiplied with PPP conversion factor which is Rs.23.22 for India. The salary of the respondent i.e. USD 7134 when multiplied by 23.22 comes to Rs.1,65,651/- per month, which is much less than the income of the wife which is Rs.2.5 lakhs per month. It is asserted that the interim maintenance granted to the child is liable to be reduced.
From Paras 10 and 11,
10. Admittedly, the appellant/ wife as well as the husband are highly qualified and the wife is getting Rs.2.5 lakhs per month while the husband is getting USD 7134 per month which if converted to Indian rupee by applying PPP (Purchase Power Parity) Index, comes to Rs.1,65,651/- per month or if simple exchange rate is applied; it is otherwise equivalent to Rs.5,60,000/-. Though the husband may be earning in dollars, but it cannot be overlooked that his expenditure is also in dollars. He has explained that he has a monthly expense of about USD 7000 and is left with little money for saving. His calculations are duly supported by the documents.
11. We observe that in the present case, where both the spouses are equally qualified and are earning equally, interim maintenance cannot be granted to the wife under Section 24 of the Act. The object of Section 24 of the Act is to ensure that during the matrimonial proceedings under HMA either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income. The provision for interim/ pendent lite maintenance has been made only to help either spouse to sail through the litigation expenses and also to ensure that they are able to live comfortably. The proceedings under Section 24 of the Act are not intended to equalize the income of both the spouses or to give an interim maintenance which is commensurate to maintain a similar life style as the other spouse as has been observed by this Court in the case of K.N. vs. R.G MAT. APP.(FC) 93/2018 decided on 12.02.2019.
Finally, from Para 14, (Joint Parental Maintenance…?)
14. Considering the income of the wife and the husband and also appreciating that the responsibility of maintaining the child has to be shared jointly by both the husband and the wife, we find that the interim maintenance in the sum of Rs.40,000/- for the child is liable to be reduced to Rs.25,000/- per month.
Index of Section 24 HMA judgments is here.
