Bombay High Court: Wife Living in Husband’s Home Still Entitled to Maintenance

In a recent ruling, the Bombay High Court has stated that a wife residing in her husband’s home is still entitled to maintenance. The court upheld a lower court’s order directing a man to pay interim maintenance to his wife and minor son.

Justice Neela Gokhale, in her January 4 verdict, said, “The fact that she lives in the matrimonial home does not mean she does not need maintenance. She still requires support for food, medicines, clothing, and her child’s education.”

Case Background

The couple got married in June 2012 but started living separately in November 2021 due to conflicts. The husband later filed for divorce under the Hindu Marriage Act, 1955, citing cruelty. The wife then requested interim maintenance, and a Kalyan civil court granted her:

₹15,000 per month for herself
₹10,000 per month for their child

Husband’s Appeal and Court’s Observations

The husband challenged the order, arguing that:

His wife already lives in the matrimonial home, which he owns.
He pays ₹60,000 EMI for the house and lives on rent with his mother.
His wife earns ₹10,000 per month from freelance recruitment work.

However, the High Court dismissed his petition, noting that:

He is a qualified engineer earning ₹1.3 lakh per month.
He owns a car, shares, and other assets.
His wife, though an MBA graduate, is mostly unemployed as she looks after their 10-year-old child alone.

Court’s Ruling on Maintenance

Justice Gokhale explained that interim maintenance is meant to prevent financial hardship for the dependent spouse, not to punish the other. There is no fixed formula for deciding maintenance, but it must be fair and reasonable.

The court concluded that the ₹25,000 monthly maintenance was justified, stating it was neither excessive nor insufficient. With this, the husband’s petition was dismissed, ensuring financial stability for the wife and child.

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