Mumbai:
In a notable case, a Mumbai trial court refused to grant interim maintenance to a 36-year-old woman living in Tardeo, stating that she earns more than her estranged husband. The sessions court later upheld this decision, agreeing with the trial court’s view.
The woman had filed a domestic violence complaint against her husband and in-laws in 2021. She claimed that after the birth of their child, she was forced to leave their home in Dadar.
During the case, the court found that the woman’s annual income was Rs 4 lakh more than her husband’s. Judge C.V. Patil noted that although an earning wife can also get maintenance, the law requires a look into additional factors like income difference and financial dependency.
“At this stage, based on the current income of both parties, the magistrate’s order is legal and proper,” the judge stated.
While the woman was denied spousal maintenance, the court ordered the husband to pay Rs 10,000 per month for the upkeep of their minor child.
Interestingly, the husband denied being the child’s father, citing sexual dysfunction. He argued that he was undergoing treatment and claimed he could not have fathered the child. The woman responded by saying that they were living together when she conceived and that he never informed her about his condition.
To resolve this dispute, the judge referred to Section 112 of the Indian Evidence Act, which states that a child born during valid cohabitation is presumed to be legitimate unless proven otherwise.
“Since the husband and wife lived together at the time of conception, and there’s no proof of no access, the child is presumed to be legitimate,” the court said.
After the magistrate’s ruling in November 2022, both parties filed appeals in the sessions court. The woman requested maintenance for herself and a higher amount for the child, while the husband continued to deny paternity.
In the end, the sessions court ruled in favor of the husband regarding the wife’s maintenance but upheld the child support order, ensuring the child’s needs are met.
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