HC upholds ₹10K maintenance to woman earning ₹51K a month

THE ORDER WAS UPHELD SINCE THE HUSBAND EARNED ALMOST DOUBLE THE INCOME OF THE WIFE

MUMBAI: The Bombay high court (HC) has recently upheld a lower court order granting interim monthly maintenance of ₹10,000 to a woman, who is earning ₹51,210 per month, on the ground of income disparity between her and her estranged husband.

Justice Rajesh Ketkar refused to interfere with the June 2018 order of family court at Thane on the ground that since the husband earned almost double the income of the wife and his standard of living was much higher, therefore, the woman deserved an interim maintenance.

The husband had carried the matter to the HC challenging the family court order.

The man’s lawyer, advocate R Shekhawat, argued that interim maintenance can be demanded under section 24 of the Hindu Marriage Act, 1955, only if the spouse demanding the maintenance is not having sufficient income to support him/her.

The lawyer argued that the man had spent massively for father’s cancer treatment and has to also look after his aged mother, therefore, the family court should not have granted the maintenance to the woman.

Justice Ketkar found the reasoning given by the family court as cogent for grant of interim maintenance to the woman and dismissed husband’s appeal.