WIFE CAN SEEK MAINTENANCE EVEN IF PARENTS ARE RICH: HC

MUMBAI: Ruling that sound financial condition of a woman’s parents does not disentitle her from seeking interim maintenance from her husband, the Bombay high court (HC) directed a city business man to pay ₹75,000 every month to his estranged wife towards the same.

Justice Mahesh Sonak said last week that primary duty to maintain wife is that of the husband and it cannot be “wished away” on such considerations. The judge said the fact that the woman’s parents are rich and affluent is irrelevant when it comes to deciding her claim for interim maintenance and her husband cannot refuse to maintain her based on this ground. The woman had approached the HC after the family court at Bandra rejected her plea for interim maintenance on the grounds that she was an ablebodied person and was working as a French tutor, and thus earning around ₹30,000 a month. The family court had also found fault with her conduct in purportedly suppressing a transaction of a flat at Khar owned by her parents.

Her husband opposed her appeal before the HC contending that her parents were rich and that she owned a huge stock of jewellery and also had her independent income.

Justice Sonak, however, rejected the man’s contentions and also said that merely because the woman earns her livelihood does not mean that she cannot demand additional amount as interim maintenance, especially when there is considerable difference in the lifestyle of the husband and his estranged wife.

“Taking into consideration the lifestyle the parties were accustomed to, surely, such earning will not disentitle the petitioner to claim additional amounts by way of interim maintenance,” the judge said and directed the city businessman to pay her ₹75,000 every month towards interim maintenance.

JUSTICE MAHESH SONAK SAID LAST WEEK THAT PRIMARY DUTY TO MAINTAIN WIFE IS THAT OF THE HUSBAND AND IT CANNOT BE “WISHED AWAY” ON SUCH CONSIDERATIONS