NRI Maintenance in Delhi: Overseas Salary, Foreign Bank Accounts, Business Income, Child Expenses & Rajnesh v. Neha Guide 2026

NRI maintenance disputes are rarely solved by converting a foreign salary into rupees. The court may need to consider net income after foreign taxes, mandatory deductions, housing and healthcare costs, exchange-rate movement, stock compensation, business interests, investment income, dependants and the reasonable needs of the spouse and children.

Rajnesh v. Neha and overlapping maintenance claims

The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324 laid down a structured disclosure framework and addressed overlapping maintenance proceedings. In an NRI matter, disclosure may require foreign employment records, tax returns, bank statements, share awards, business accounts or property income in addition to Indian records.

Overseas salary and cost of living

A high nominal salary in dollars, pounds, euros, dirhams or another currency should be analysed in context. Relevant factors can include mandatory taxes, pension or social-security deductions, rent, health insurance and cost of living. Voluntary luxury expenditure, however, is different from unavoidable statutory deductions.

Foreign bank accounts and investments

Where allegations of concealed income arise, parties may rely on lawfully obtained records showing salary credits, recurring transfers, brokerage holdings, dividend income, rental receipts or company distributions. Assertions about “hidden foreign accounts” should be tied to specific, admissible material rather than speculation.

Stock options, RSUs and founder income

Compensation may include bonuses, restricted stock units, stock options, partnership distributions or founder/promoter benefits. Their treatment depends on vesting, liquidity, tax consequences and whether the amounts are recurring income, capital assets or contingent benefits. A maintenance affidavit should explain the structure rather than simply list headline valuations.

Child expenses in two countries

International schooling, insurance, travel, extracurricular costs and medical expenses can materially increase child-related claims. A court or settlement should distinguish ordinary recurring expenses from exceptional travel or relocation costs.

Existing foreign support orders

Any maintenance or child-support order passed abroad should be disclosed. Its Indian effect depends on the applicable law and facts, but disclosure helps the court assess overlap and avoid double recovery for the same component.

Related resources

See the NRI Divorce Delhi pillar, the Maintenance & Rajnesh v. Neha guide, and the High-Income Maintenance in HNI Divorce guide.

Financial records commonly relevant

• foreign payslips and tax returns;
• employment contract and bonus/stock statements;
• foreign and Indian bank statements;
• business or partnership accounts;
• rental and investment income records;
• housing, tax and insurance expenses;
• child-school and medical expenses; and
• existing Indian or foreign support orders.

General legal awareness only. Maintenance entitlement and quantum are fact-specific and statute-specific.

Author: Adv. Govind Bali, Fastrack Legal Solutions LLP.