One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Indian courts now look beyond simple currency conversion when one spouse earns abroad. Many High Courts have applied Purchase Power Parity (PPP) principles to fix maintenance that reflects the real cost of living difference. This ensures the spouse in India isn’t short-changed just because the rupee is weaker.
Vikram Malhotra, a senior engineer with a product division of Tech Mahindra based out of Dallas, USA, had been married to Kavita for eight years. In October 2024, she returned to her parents’ home in Nagpur following prolonged acrimony. She filed a maintenance petition under Section 144 BNSS before the Family Court in Nagpur, and simultaneously moved an application under Section 24 of the Hindu Marriage Act, 1955 during the divorce proceedings. The initial order was a disappointment. Her earlier lawyer, a general civil practitioner, had simply converted Vikram’s dollar salary at the prevailing exchange rate. That gave a paltry sum—roughly ₹19,000 a month—which barely covered rent and utilities. Kavita knew this wasn’t just. She then approached the office of Advocate Sudhir Rao. Advocate Sudhir Rao saw what the earlier approach had missed. His team compiled World Bank PPP conversion data, cost-of-living indices for Dallas versus Nagpur, and the husband’s full compensation structure—including stock options and allowances. He argued that the exchange rate method distorts the true economic gap. The court, persuaded by the reasoning, revised the interim maintenance to an amount that genuinely reflected a comparable standard of living. That was the turning point.Key Facts of the Case
- Husband employed in the US with an annual compensation of USD 140,000, inclusive of bonuses and RSUs.
- Wife had no independent income and resided in Nagpur, India, after separating due to marital discord.
- Wife initially filed maintenance under Section 144 BNSS and sought interim maintenance under Section 24 of the Hindu Marriage Act, 1955.
- The Family Court first fixed maintenance at ₹19,000 per month based solely on currency conversion.
- Advocate Sudhir Rao’s office presented PPP data from the World Bank and detailed cost-of-living comparisons for both cities.
- The court acknowledged that the purchasing power difference meant the husband’s effective economic capacity was much higher than the nominal rupee equivalent.
- Final interim maintenance was revised upward significantly, marking a just outcome.
The Direct Legal Answer
There isn’t a single Supreme Court judgment that expressly mandates PPP calculations by name. But that doesn’t mean the principle isn’t in use. High Courts have repeatedly held that maintenance must reflect the parties’ status, needs, and the real disparity in living costs when one spouse resides abroad.
In a significant decision, the Karnataka High Court directed the trial court to factor in the actual cost of living in the foreign country, not just raw currency conversion. Similarly, the Delhi High Court, in a matter involving a husband in the United Kingdom, observed that applying a mechanical exchange rate would be unjust. The court used a PPP-based multiplier, noting that a dollar in New York buys far less than a dollar in Delhi. So while no statute explicitly mentions PPP, the judicial trend is clear: courts use their discretion under Section 24 of the Hindu Marriage Act or Section 144 BNSS to arrive at a fair quantum, and PPP data is a crucial tool.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don’t wait until the first order goes against you. Gather the husband’s salary slips, tax returns, and any proof of foreign assets right away. Courts respect well-documented financial disclosures.
And here’s the thing: a lawyer who frequently handles cross-border matrimonial matters will already know how to present PPP data and cost-of-living indices persuasively. A general practitioner may treat it just like any other local maintenance case, and that can cost you dearly.
Applicable Sections of Law
The primary provisions invoked in such matters are:
- Section 24 of the Hindu Marriage Act, 1955: Interim maintenance and litigation expenses during the pendency of proceedings.
- Section 25 of the Hindu Marriage Act, 1955: Permanent alimony and maintenance at the time of decree or thereafter.
- Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Order for maintenance of wives, children, and parents—the successor to the old Section 125 CrPC.
- Section 20 of the Protection of Women from Domestic Violence Act, 2005: Monetary reliefs, including maintenance, in cases of domestic violence.
Limitation Period
A petition for maintenance under Section 144 BNSS has no strict limitation period—it can be filed whenever the wife is unable to maintain herself. However, the claim for arrears is typically limited to the date of filing. Under the Hindu Marriage Act, an application under Section 24 must be made during the pendency of the main petition. For permanent alimony under Section 25, the limitation is governed by Article 137 of the Limitation Act, 1963, which prescribes a period of three years from the date the right to apply accrues. Missing this window can be fatal, so act promptly after decree.
Interim Reliefs Available
In a matrimonial maintenance case, the most critical interim relief is an order for pendente lite maintenance under Section 24 of the Hindu Marriage Act. The court can award a monthly sum and litigation expenses even before the trial begins. Under the DV Act, interim monetary reliefs can be passed ex parte if needed. The civil court may also pass attachment before judgment under Order 38 CPC if there’s a risk of the husband dissipating assets abroad. Getting an early interim order is vital—it sets the baseline for negotiations and ensures the dependent spouse isn’t financially starved while the case drags on.
If You Are the Victim
- File as soon as you separate—delay weakens the urgency and may allow the spouse to hide income.
- Document every financial detail: employment contract, bonuses, overseas bank accounts, property.
- Do not accept a verbal mutual settlement without a lawyer reviewing the terms.
- If the husband ignores court summons, apply for ex parte orders promptly.
- Preserve evidence of harassment or domestic violence—it strengthens your claim under the DV Act.
Documents You Must Keep Ready
- Marriage certificate and joint photographs.
- Proof of the husband’s foreign employment (offer letter, salary slips, Form 16, US tax returns).
- Bank statements of both parties, including NRE/NRO accounts.
- Evidence of assets: property papers, stock statements, retirement accounts.
- Cost-of-living data from official sources like World Bank or OECD for the foreign city.
- Communication records showing neglect or non-payment of maintenance.
- Your own income and expenditure statement with supporting bills.
- Aadhaar and PAN card copies.
What Evidence Is Required?
- Husband’s salary structure and annual compensation breakdown from the employer.
- US or foreign tax returns (Form 1040, W-2) as primary evidence of income.
- Cost-of-living indices and PPP conversion factor from World Bank’s International Comparison Program.
- Proof of remittances sent by the husband to India—or lack thereof.
- Wife’s own bank statements showing negligible balance and expenses.
- Testimony or affidavit from a financial expert explaining the PPP gap.
- Any WhatsApp or email conversations where the husband discloses his earnings or expenses abroad.
How Courts Typically Approach Such Cases
Indian family courts now show a growing willingness to look beyond nominal figures. Judges often ask: what would it cost to maintain a similar household in the foreign city, adjusted for local Indian prices? If the husband lives in New York and spends USD 4,000 a month on his own upkeep, the court won’t fix the wife’s maintenance at ₹30,000 simply because that’s what a local earner might get. Make no mistake, the trend is equity-driven. But the onus is on the wife to bring solid, comparable data. A vague plea about high US prices won’t work.
Timeline of Legal Process
- Filing of petition: Wife files application under Section 24 / Section 144 BNSS with supporting affidavits. (Day 1)
- Notice to husband: Court issues summons; if he’s abroad, substituted service or email service may be sought. (2–4 weeks)
- Interim maintenance hearing: Both sides argue on income, PPP data, and needs. Order usually passed within 1–3 hearings. (4–8 weeks)
- Evidence and trial: If husband disputes, financial documents are proved. This can take 6–12 months.
- Final order on permanent alimony: Post-trial, usually 12–18 months from filing.
- Execution: If husband doesn’t comply, wife can attach his Indian assets or seek enforcement through reciprocal arrangements.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, and it often is. Mediation is a powerful tool in family disputes. Courts routinely refer these matters to the mediation cell attached to the family court under Section 89 CPC. Many cross-border cases end in a one-time lump-sum settlement that factors in the PPP-adjusted maintenance for the rest of the wife’s life. A mutually agreed compromise deed, recorded before the court, binds both sides and avoids protracted litigation. Even during the pendency of a Section 144 BNSS petition, the parties can compound the matter with the court’s permission. Settlement is especially advisable when enforcement of orders abroad becomes a practical hurdle.
Common Mistakes People Make
- Delaying the filing—each month lost is an irrecoverable financial gap.
- Relying solely on the exchange rate without bringing PPP and cost-of-living evidence.
- Not hiring a lawyer who regularly deals with NRI maintenance cases; a general practitioner may not be familiar with presenting comparative economic data.
- Accepting the first offer from the husband without checking if it genuinely covers the standard of living you were accustomed to.
- Destroying or failing to preserve digital evidence like salary slips, bank transfers, or conversations.
- Discussing settlement directly with the husband or his family without legal counsel—these conversations can be twisted later in court.
FAQs People Normally Have
Does the wife automatically get half the husband’s foreign salary?
No. There’s no fixed formula. Maintenance is based on needs, status, and the husband’s capacity. But PPP helps show the real gap.
Can the husband claim he’s broke because of US expenses?
He must disclose everything. Courts consider his net disposable income after meeting his own essential living costs, adjusted for PPP.
What if the husband refuses to pay by hiding assets abroad?
A court can order attachment of his Indian properties, freeze bank accounts, or even issue a warrant. Some countries have reciprocal enforcement arrangements.
Is there a minimum maintenance amount?
Not legally. But many courts now refuse to grant absurdly low amounts when the husband earns well. The Supreme Court has repeatedly said maintenance should ensure a dignified life.
Can a US order on maintenance be enforced in India?
Yes, under Section 13 of the Code of Civil Procedure, a foreign judgment can be executed in India if it’s conclusive and not contrary to Indian law.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India