Maintenance – Earning of wife is no ground to deny
On the application of respondent-wife, the Family Court granted maintenance of Rs.15,000/- per month till disposal of the divorce petition of the petitioner-husband.
This is challenged on the ground that the wife is earning Rs.21,820/- per month through tuition classes as shown in the income tax returns, in addition to the interest on her fixed deposits.
HELD that there is a huge disparity in the income of the husband and wife which cannot be compared, the wife is certainly entitled to the same standard of living as she was accustomed before separation, the income of the wife is not sufficient for her own maintenance, she has to travel long distance for job, she is staying with her parents and in such income, she is not in a position to live a decent life. Merely because the wife is earning she cannot be deprived the support of her husband with the same standard of living to which she is accustomed to in her matrimonial home.
Judgment dated 18.6.2025 of the High Court of Bombay in Writ Petition No.16275 of 2023
