Mumbai: A working wife is entitled to maintenance from her estranged husband, the Bombay High Court has ruled.
Dismissing the appeal of a husband challenging a Family Court order, the bench of Justice Manjusha Deshpande held 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 court was hearing an appeal filed by a 36-year-old Thane resident who challenged the Family Court’s order granting a monthly maintenance amount of Rs 15,000 to the wife until the disposal of the petition.
The estranged couple had married on November 28, 2012.
Having got married in November 2012, the wife left her matrimonial home and started residing with her parents from May 2015. According to the husband, their relationship soured due to her tantrums and ill-treatment, and despite him buying a new flat to ensure her comfort, her attitude did not change, and she imposed conditions he found impossible to meet.
The husband then filed for divorce under the Hindu Marriage Act in the Family Court at Bandra.
The wife filed an interim application for maintenance on September 29, 2021, which the Family Court adjudicated on August 24, 2023.
The husband’s counsel advocate Shashipal Shankar argued that the woman was employed at a school and earned Rs 21,820 per month. She also earned an additional Rs 2,00,000 annually by doing tuitions, as reflected in her Income Tax Returns, and received interest from fixed deposit savings.
The wife contended that her 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 the wife’s advocate SS Dube.
The high court observed that while the wife is earning, her income is insufficient to maintain herself as she has to travel long distances daily for work. Also, the high court considered that the woman currently lives with her parents, which cannot continue indefinitely.
“On such an income, she is not in a position to live a decent life,” Justice Deshpande noted, adding that the husband’s income is significantly higher, and he has no financial responsibilities.
“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 high court ruled.
