Earning wife still entitled to maintenance from husband, rules Bombay High Court

India Today

2 days ago

While holding that "merely because the wife is earning, she cannot be deprived of support from her husband at the same standard of living to which she was accustomed in her matrimonial home," the Bombay High Court dismissed an appeal by a husband challenging a Family Court order.The bench of Justice Manjusha Deshpande was hearing an appeal filed by a 36-year-old Thane resident. The Family Court had passed an order granting maintenance of Rs 15,000 per month to the wife until the disposal of the petition.advertisementThe estranged couple had married on November 28, 2012. According to the husband, the wife left the matrimonial home and started residing with her parents from May 2015. He claimed that their relationship had soured due to her tantrums and ill-treatment. Despite him buying a new flat to ensure her comfort, as per her wishes, her attitude did not change, and she imposed conditions he found impossible to meet.
Subsequently, the husband filed a divorce petition under the Hindu Marriage Act in the Family Court at Bandra, Mumbai. The wife filed an interim application for maintenance on September 29, 2021, which the Family Court adjudicated on August 24, 2023.Advocate Shashipal Shankar, appearing for the husband, argued that the wife was employed at a school and earned Rs 21,820 per month. She also earned an additional Rs 2,00,000 annually by conducting tuition classes, as reflected in her Income Tax Returns. In addition, she received interest from fixed deposit savings.advertisementHowever, the wife contended that the husband was employed at a reputed company as a Senior Manager/Marketing Executive with a salary package in lakhs and significant financial resources, including substantial income and savings. "Despite possessing the financial capacity, he is avoiding his obligation to deprive the wife of her legal dues, to which she is entitled under the law," argued Advocate SS Dube, representing the wife.After considering the facts and arguments, the bench observed that while the wife is earning, her income is insufficient to maintain herself. She has to travel long distances daily for work and currently lives with her parents, which cannot continue indefinitely. Due to her modest earnings, she is compelled to stay at her brother's house along with her parents, causing inconvenience and hardship for all. "On such an income, she is not in a position to live a decent life," the judge noted.On the other hand, the husband's income is significantly higher, and he has no financial responsibilities, the bench added."Even assuming that certain expenses are necessary for his own maintenance and for those he is legally obliged to support, the remaining amount is sufficient to enable him to support his wife in accordance with the Family Court's order," the bench held while declining to interfere with the order of the Family Court at Bandra.- EndsMust Watch