The Bombay High Court has confirmed that a wife is entitled to receive maintenance from her husband even if she continues to live in the matrimonial home. The court upheld an order requiring a man to pay interim maintenance to his wife and their minor son.
Justice Neela Gokhale, in her January 4 judgment, stated:
“The mere fact that she is residing in the matrimonial home is not a reason to deny her reasonable maintenance. She still needs money for food, medicine, clothing, and the child’s education.”
The couple married in June 2012 but began living separately in November 2021 due to marital disputes. The husband filed for divorce on grounds of cruelty under the Hindu Marriage Act, 1955, while the wife sought interim maintenance. The Kalyan civil court awarded her ₹15,000 per month and ₹10,000 for their son.
Challenging this order, the husband argued that it was unfair since his wife lives in the flat owned by him, for which he pays ₹60,000 monthly in EMIs, while he lives on rent with his mother. He also claimed she earns about ₹10,000 a month through freelance recruitment work.
The court noted that the husband, a qualified engineer, earns around ₹1.3 lakh per month and owns a car, shares, and other assets. In contrast, the wife, an MBA graduate, is largely unemployed, occasionally earning ₹10,000, as she is the sole caregiver for their 10-year-old son.
Justice Gokhale emphasized that interim maintenance is meant to ensure the dependent spouse is not pushed into poverty due to the breakdown of the marriage. The amount must be reasonable—neither excessive nor inadequate.
Dismissing the husband’s petition, the court concluded that the awarded maintenance was fair and without any legal flaw.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
