The Bombay High Court has said that just because a wife is earning does not mean she should be denied financial support from her husband. She has the right to live with the same standard of living she had during the marriage.
Justice Manjusha Deshpande made this ruling while hearing a petition from a husband who challenged an earlier Family Court order from August 24, 2023. The Family Court in Bandra had ordered him to pay ₹15,000 per month as maintenance to his wife.
The judge noted that the wife, although employed as an assistant teacher in a convent school and earning ₹18,000 per month, did not make enough money to support herself. She also had to travel long distances every day for her job, which added to her expenses.
Meanwhile, the husband’s true income was not fully disclosed. However, salary slips submitted in court showed that he earns over ₹1,00,000 per month. Though the husband claimed that the wife had other income through fixed deposit interest and tuition classes, the judge said those earnings were either too small or not reliable as permanent income.
Justice Deshpande emphasized that a wife is entitled to be maintained in the same way she was used to during the marriage. When deciding the amount of maintenance, the court should consider:
- The income of both parties
- Their age and responsibilities
- Their reasonable needs
- Any other sources of income
In this case, the wife was living with her parents at her brother’s house, where she couldn’t stay forever. Her low income was forcing her into a difficult living situation that caused hardship to the whole family.
The judge pointed out that the husband had no major financial responsibilities and earned far more than his wife. Even after covering his personal expenses, he could easily afford to pay her the ₹15,000 maintenance ordered by the Family Court.
With these findings, the High Court dismissed the husband’s appeal and upheld the maintenance order.
📁 Case Title:
SKPS vs PSS (Writ Petition No. 16275 of 2023)
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