The maintenance granted to a spouse should be adequate enough to ensure the enjoyment of facilities that he or she was availing before separation, the Delhi High court ruled on Tuesday.

A plea was filed by one Pradeep Sharma, challenging a lower court order directing him to pay Rs 7,000 as maintenance to his wife. Sharma contended the maintenance amount granted by the lower court was a lot and he would be unable to provide it.

The High Court, however, was not satisfied with his contention and dismissed his plea after it came to know that his annual income was more than Rs 6 lakh.

“I am of the view that while granting maintenance under Hindu Law, the Court does not have to grant mere sustenance, as maintenance directed to be paid is meant to ensure the spouse enjoys the same monetary status and facilities as he or she was enjoying prior to separation,” the court observed. “I am of the opinion that the impugned order granting a monthly maintenance of Rs 7,000 is neither in excess of the jurisdiction nor does it suffer from material irregularity,” the court said.

The order has been lauded by the legal fraternity. “This is a very important ruling, as now the maintenance amount will be given as per the status of the person. But the judiciary should also set a limitation,” senior advocate Ashok Yadav said.