The Bombay High Court has ruled that even if a wife is earning, she cannot be denied financial support from her husband to maintain the standard of living she enjoyed during the marriage.
Justice Manjusha Deshpande, while hearing a case on maintenance, upheld a family court’s order directing the husband to pay ₹15,000 per month to his wife. The Court observed that although the wife works as an Assistant Teacher earning ₹18,000 per month, her income is not enough to cover her expenses, especially since she travels long distances daily for her job.
The Court also noted that the husband had not revealed his true income. Records showed his monthly earnings were above ₹1 lakh, much higher than his wife’s income. While the husband argued that the wife earned extra money from fixed deposits and tuition classes, the judge found these sources negligible and irregular.
Justice Deshpande emphasized that a wife is entitled to live with the same standard of living she had before separation. While deciding on maintenance, courts must consider the age, income, responsibilities, and needs of both parties.
In this case, the wife was forced to live with her parents at her brother’s house due to her limited earnings, which caused inconvenience to the entire family. The Court observed that her income was insufficient for a decent life, while the husband’s income was much higher with no major financial responsibilities.
The High Court dismissed the husband’s appeal and confirmed the maintenance order passed by the Bandra family court.
Case Title: SKPS vs PSS (Writ Petition 16275 of 2023)
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