The bombay high court rejected a husband's appeal against a Family court order, ruling that "just 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."
 
A 36-year-old thane resident had filed an appeal, which was being heard by Justice Manjusha Deshpande's bench.  The wife was granted maintenance of Rs 15,000 per month by the Family court till the petition was resolved.

November 28, 2012, marked the marriage of the estranged couple.  The husband claims that starting in May 2015, the wife moved out of the marital residence and began living with her parents.  He said that because of her outbursts and mistreatment, their relationship had degenerated.  Her attitude remained the same and she placed demands on him that he was unable to fulfill, even after he purchased a new apartment to make sure she was comfortable and in accordance with her preferences.
 
The husband then petitioned the Family court in Bandra, mumbai, for a divorce under the Hindu marriage Act.  On september 29, 2021, the wife submitted an interim maintenance application, and on august 24, 2023, the Family court rendered a decision.  

On behalf of the husband, attorney Shashipal shankar contended that the wife made Rs 21,820 a month working at a school.  According to her income tax returns, she also made an extra Rs 2,00,000 a year teaching tuition sessions.  She also earned interest from savings in fixed deposits.
 
The woman argued, however, that the husband was a Senior Manager/Marketing Executive at a reputable company, earning a compensation package in lakhs and possessing large financial resources, including savings and income.  Advocate SS Dube argued on behalf of the wife, saying, "He is avoiding his obligation to deprive the wife of her legal dues, to which she is entitled under the law, even though he possesses the financial capacity."

The bench concluded after weighing the arguments and facts that although the wife is making money, it is not enough to support her. She currently lives with her parents and must travel great distances for work every day, which cannot last forever.  Because of her meager income, she and her parents are forced to live at her brother's house, which is inconvenient and difficult for everyone.  "On such an income, she is not in a position to live a decent life," the judge stated.
 
However, the court also noted that the husband has no financial obligations and earns a substantially larger income.  

The bench refused to overturn the Bandra Family Court's ruling, ruling that "even if 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."
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G GOWTHAM

27/06/2025 11:30 AM