Even If Wife Is Earning She Cannot Be Deprived Support From Husband To Maintain Standard Of Living: Bombay High Court
Just because a wife is earning does not mean that she can be deprived of the support from her husband with the same standard of living to which she was accustomed to after her marriage, the Bombay High Court held recently.
Single-judge Justice Manisha Deshpande noted that the wife in the instant case, though earning, her income was not sufficient for her own maintenance since she had to travel daily a long distance for her job.
“The wife needs to be granted maintenance from the income of the husband since her own income is insufficient for her maintenance. Merely because the wife is earning, she cannot be deprived support from her husband with the same standard of living to which she is accustomed to in her matrimonial home,” Justice Deshpande held in the order passed on June 18.
The judge was seized of an appeal filed by the husband challenging an August 24, 2023 order of a Family Court in Bandra, wherein he was ordered to pay Rs 15,000 per month as maintenance to the wife.
Justice Deshpande said she agreed with the contention of the wife that the husband has not disclosed his true income in the affidavit of assets and liabilities. She noted that the salary slips placed on record disclose his income above Rs.1,00,000, whereas the income of the wife as disclosed on record, is Rs 18,000 since she was working as an Assistant Teacher in a Convent School.
“Though it is claimed by the husband that the wife has an additional income from the interest of the Fixed Deposits, the interest is negligible. Even the income from tuition classes cannot be said to be a permanent source of income” the judge underscored.
There is a huge disparity in the income of the husband and the wife, which cannot be compared, the judge said.
“The wife is certainly entitled to be maintained with the same standard of living as she was accustomed to before their separation. While determining the quantum of maintenance, the considerations that are required to be taken into consideration are the income of the respective parties; their age; their responsibilities; their reasonable needs; necessities and income derived from other sources, if any,” the judge observed.
In the present case, the wife is staying with her parents at her brother’s house, where she cannot stay indefinitely. Because of her meager earning, she is constrained to stay in the house of her brother alongwith her parents causing inconvenience and hardship to all of them, the judge said.
“In such an income she is not in a position to live a decent life. As against, it if compared against the Petitioner’s income, his income is far more than the wife’s, with no financial responsibilities on him. Even assuming the certain expenses must be necessary for the maintenance of himself and the family members whom he is obliged to maintain, the amount that remains is sufficient enough to enable him to support the wife as per the order passed by the Judge, Family Court at Bandra,” the judge opined.
With these observations, the bench dismissed the husband’s appeal.
Appearance:
Advocate Shashipal Shankar appeared for the Husband.
Advocates SS Dube along with Nagendra Dube represented the Wife.
Case Title: SKPS vs PSS (Writ Petition 16275 of 2023)
