The Bombay High Court has clarified that an earning wife cannot be denied maintenance simply because she is employed. The Court stressed that a wife has the right to live with the same standard of living she enjoyed in her matrimonial home.
Justice Manjusha Deshpande dismissed a petition filed by the husband challenging a family court order directing him to pay ₹15,000 monthly maintenance to his wife.
The husband argued that since his wife was working as a school teacher and also earned from tuition and fixed deposits, she was financially independent. He claimed his monthly expenses, including caring for his elderly parents, left little room to pay maintenance.
However, the Court found that the wife’s income was insufficient to sustain herself independently. Her salary was largely spent on daily travel and did not match the lifestyle she had while living with her husband. The Court also noted a significant disparity between the incomes of the husband and the wife.
The wife further alleged that her husband was suppressing his true earnings. While he claimed a monthly salary of ₹57,935, salary slips revealed that his actual income exceeded ₹1,00,000 per month.
Relying on the Supreme Court’s decision in Pravin Kumar Jain v. Anju Jain (2025), which laid down factors for calculating maintenance, the High Court held that the wife deserved support to maintain the same standard of living as during the marriage.
Justice Deshpande concluded:
“The maintenance awarded by the Family Court is neither unreasonable nor excessive. Hence, the order does not require interference.”
Accordingly, the husband’s petition was dismissed, and the family court’s order was upheld.
Case Title: S.K.P.S vs P.S.S
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