In a recent decision, the Bombay High Court affirmed a ruling requiring a man to pay interim maintenance to his wife and minor son.
Justice Neela Gokhale, in the January 4 verdict, emphasized that the wife’s residence in the matrimonial home doesn’t disentitle her to maintenance, stating, “She still needs some amount towards food, medicine, clothes, and educational expenses.”
The couple, married in June 2012, separated in November 2021 due to discord. The husband filed for divorce citing cruelty under the Hindu Marriage Act, 1955, while the wife sought interim maintenance. The court granted her Rs 15,000 and Rs 10,000 monthly for their son as interim maintenance.
The husband argued the order is unfair, highlighting that his wife resides in the matrimonial home he owns, and he pays a monthly EMI of Rs 60,000 for the flat. He stays on rent with his mother, and his wife earns nearly Rs 10,000 monthly through freelance recruitment.
Reviewing documents, Justice Gokhale noted the husband’s monthly earnings of Rs 1.3 lakh, his assets, and fairly modest living. In contrast, the wife, an MBA, struggles to secure a permanent job as she single-handedly cares for their 10-year-old son.
Justice Gokhale clarified that interim maintenance aims to prevent the dependent spouse from destitution, not as punishment. While there’s no fixed formula, the amount should be “reasonable and realistic.” Dismissing the husband’s petition, Justice Gokhale affirmed that the awarded interim maintenance is reasonable and without any infirmity.
