The Bombay High Court recently upheld a Family Court order directing a husband to pay his estranged wife monthly maintenance of ₹15,000, ruling that a wife’s right to support from her husband is not negated simply because she is earning.
Justice Manjusha Deshpande dismissed an appeal by a 36-year-old Thane resident, emphasising that the wife is entitled to maintain the standard of living she enjoyed in her matrimonial home. The court noted a significant income disparity between the couple, with the husband earning well and owning property, while the wife’s salary was insufficient for her maintenance despite her employment.
Court Upholds Wife’s Right to Maintenance Despite Employment
In a landmark judgment, the Bombay High Court clarified that a wife’s earning status does not automatically disqualify her from receiving maintenance from her husband. Justice Manjusha Deshpande, while hearing the appeal, observed that the husband’s salary slips indicated a monthly income exceeding ₹1 lakh, while the wife earned a modest ₹18,000 per month.
“Merely because the wife is earning, she cannot be deprived of support from her husband at the same standard of living to which she was accustomed in her matrimonial home,” the court stated. The order also highlighted that the wife, currently living with her parents and brother, faced hardship and inconvenience due to her limited income, which was insufficient to sustain her needs.
Background: Matrimonial Discord and Legal Proceedings
The couple, married in November 2012, began living separately in May 2015 after their relationship soured. The husband alleged that his wife’s behaviour led to the separation, while the wife sought maintenance to support herself. The Family Court in Bandra, Mumbai, granted her interim maintenance in August 2023, a decision later challenged by the husband in the High Court.
The court found that the husband, who owned property and had no major financial burdens, was well-positioned to provide support, whereas the wife’s income was not enough for her to live independently. The judgment is consistent with previous rulings that prioritise the wife’s right to a dignified life over her individual earning capacity.
The Logical Indian’s Perspective
The Logical Indian believes that this judgment reaffirms the principle of social justice and equality in Indian family law, ensuring that women are not left destitute simply because they are employed.
The court’s emphasis on maintaining the standard of living enjoyed during marriage reflects a humane approach, fostering empathy and harmony in society. By upholding the right to maintenance, the judiciary sends a strong message about shared responsibility and mutual respect in matrimonial relationships.
