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

India Today

time3 days ago

  • India Today

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

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 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 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, 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 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 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 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

HC: Huge disparity in incomes, wife entitled to get maintenance
HC: Huge disparity in incomes, wife entitled to get maintenance

Time of India

time4 days ago

  • Business
  • Time of India

HC: Huge disparity in incomes, wife entitled to get maintenance

Mumbai: The Bombay high court upheld an order passed by the family court, Bandra, directing a man to pay Rs 15,000 monthly interim maintenance to his estranged wife. "There is a huge disparity in the income of the petitioner and the respondent, which cannot be compared. The respondent wife is certainly entitled to be maintained with the same standard of living as she was accustomed to before their separation," said Justice Manjusha Deshpande in its June 18 order. "Merely because the wife is earning, she cannot be deprived of support from her husband…I do not find the maintenance awarded to be unreasonable or extreme," added Justice Deshpande, dismissing the petition. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The husband challenged the family court's August 2023 order, saying the wife is employed as a teacher and her monthly income is approximately Rs 40,000, including interest from fixed deposits. He received Rs 57,000 net salary, and his monthly expenses, including looking after his old parents, come to Rs 54,000. The wife's advocate said she earns Rs 19,000 net salary. Justice Deshpande said the husband's claim is falsified by his salary slip that shows his net salary above Rs 1 lakh. His affidavit disclosed "his parents are not financially dependent on him." Also, the interest the wife earns is "negligible". by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo The judge said most of the wife's salary is exhausted in transportation, food, etc., and she is constrained to stay in her brother's house along with her parents. Assuming the husband has certain expenses, "the amount that remains is sufficient enough to enable him to tnn

Working women cannot be denied financial support from estranged husband: Bombay HC
Working women cannot be denied financial support from estranged husband: Bombay HC

New Indian Express

time4 days ago

  • Business
  • New Indian Express

Working women cannot be denied financial support from estranged husband: Bombay HC

MUMBAI: Merely because a woman is earning, it does not deprive her of financial support from her estranged husband as she has to maintain her standard of living, the Bombay High Court has ruled. A bench of Justice Manjusha Deshpande in the order of June 18, a copy of which was made available on Thursday, said the wife deserves the same standard of living as she was accustomed to before their separation. The court dismissed a petition filed by a man challenging an August 2023 family court order directing him to pay Rs 15,000 monthly maintenance to his wife. The man said his wife was a working woman earning more than Rs 25,000 a month and hence did not require "high" maintenance from him. The court in its order said that though the wife is earning, the income is not sufficient for her own maintenance since she has to commute a long distance daily for her job. With such an income, she is not in a position to live a decent life, the HC said. "Merely because the wife is earning, she cannot be deprived of the support from her husband with the same standard of living to which she is accustomed to in her matrimonial home," Justice Deshpande said. The court noted that the man earns far more than the woman, with no financial responsibilities.

HC asks Maha to decide plea seeking permission for Eid prayer
HC asks Maha to decide plea seeking permission for Eid prayer

United News of India

time06-06-2025

  • Politics
  • United News of India

HC asks Maha to decide plea seeking permission for Eid prayer

Mumbai, June 6 (UNI) The Bombay High Court on Friday asked the secretary of the Cultural Affairs Ministry, government of Maharashtra, to decide on an application seeking permission to hold annual Bakr Eid namaaz at Mumbai's historic August Kranti Maidan. A vacation bench of justices Neela Gokhale and Manjusha Deshpande gave direction in response to a petition moved by Umer Abdul Jabbar Gopalani, challenging the local Gamdevi police decision refusing to grant permission, citing law and order and traffic congestion issues. In his petition Goplani said the fire and traffic departments had granted an NOC whereas the Brihanmumbai Municipal Corporation (BMC) has asked it to get another NOC from the directorate of archaeology and museum; and thereafter it said it will consider the application. He also argued that the namaz has been performed at the Maidan for over 50 years without any incidents and if the permission is granted to the petitioner, the petitioner will take all necessary precautions to avoid law and order situation. The state government represented by public prosecutor Hiten Venegaonkar objected and clarified that both agencies had only issued conditional clearances. He also said that the police's decision was based partly on the refusal of permission in 2024. However, the petitioner argued that no valid reason had been provided in last year's refusal and that precedent alone could not justify rejection in 2025. UNI AAA PRS

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