Bombay High Court said a wife deserves the same standard of living even if she earns. The husband’s appeal to stop her Rs 15,000 monthly maintenance was dismissed.
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MAHARASHTRA: The Bombay High Court clearly said that just because a wife is earning money, it doesn’t mean she should not get financial support from her husband.
The Court said,
“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 Court rejected a husband’s appeal and supported the Family Court’s decision to give Rs 15,000 per month maintenance to his wife.
The case was heard by Justice Manjusha Deshpande. The husband, who is 36 years old and lives in Thane, had filed an appeal against a Family Court order. This Family Court had earlier passed a judgment to give his wife maintenance of Rs 15,000 every month till the main case is decided.
The couple got married on November 28, 2012. But things started going wrong in the marriage. The husband said that from May 2015, his wife started living separately with her parents. He blamed her for bad behavior and creating problems in the marriage.
He also said that he had even bought a new flat to keep her comfortable, as she had wished. But still, according to him, she continued to behave badly and made unreasonable demands.
Later, the husband filed for divorce under the Hindu Marriage Act at the Family Court in Bandra, Mumbai. The wife then filed an application for interim maintenance on September 29, 2021. The Family Court gave its order on this application on August 24, 2023.
The husband’s lawyer, Advocate Shashipal Shankar, told the Court that the wife was working in a school and earning Rs 21,820 every month. She also made extra income of around Rs 2,00,000 per year from tuition classes, as shown in her income tax documents. He also said she was getting some income from fixed deposit interest.
But the wife’s lawyer, Advocate SS Dube, argued that the husband was working in a well-known company as a Senior Manager/Marketing Executive. His salary and financial resources were in lakhs. He had good savings and income.
The lawyer told the court,
“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.”
After looking at all the facts and hearing both sides, the Bombay High Court said that even though the wife is earning, the money is not enough to take care of herself properly. She has to travel a long distance for work every day.
She is currently staying with her parents, which cannot go on forever. Because of her small salary, she is forced to stay with her brother along with her parents, which is uncomfortable for everyone.
The judge pointed out,
“On such an income, she is not in a position to live a decent life.”
The Court also noted that the husband earns much more than the wife and has no major financial responsibilities. So he should help support her financially.
The Court further said,
“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.”
So, the High Court refused to cancel the Family Court’s order and upheld the decision to give the wife Rs 15,000 per month as maintenance.
Appearance:
Advocate Shashipal Shankar appeared for the Husband.
Advocates SS Dube along with Nagendra Dube represented the Wife.
Case Title:
SPS vs PSS
Writ Petition 16275 of 2023
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