Wife has right to lead her life, just like husband: HC

Observing that it is the duty of the husband to maintain his wife, the Nagpur bench of the Bombay High Court recently held that the wife too has a right to lead her life, just like her husband. The HC also held that discord between a couple cannot compel a wife to live like a destitute and she has the right to live her life in the society.

The significant ruling was delivered by a single-judge bench of Justice VM Deshpande while dismissing a husband's plea seeking the quashing of a lower court's order, directing him to pay Rs 10,000 to his estranged wife as maintenance.

"Though the applicant-husband submits that he has filed divorce proceedings, however, the fact remains that as on today, he is still legally married to his wife. I believe it is the bounden duty of every husband to maintain his wife," Justice Deshpande observed.

"The wife has every right to lead the life, equal to the status

Merely because of some matrimonial discord the wife resides separately, that does not mean she shall lead her life like a destitute. Even though residing separately, the wife has every right to lead her life in the society just like that of her husband –Justice Deshpande

of her husband. Merely because of some matrimonial discord the wife resides separately, that does not mean she shall lead her life like a destitute. Even though residing separately, the wife has every right to lead her life in the society just like that of her husband," Justice Deshpande ruled.

The bench was seized with a petition filed by a husband, a businessman declining to pay monthly maintenance to his estranged wife. He claimed that his wife was already working as a homoeopath and thus, was not entitled to maintenance.

On the other hand, the wife maintained that her husband draws a handsome salary of Rs 5 lakh per month and should pay her at least Rs 25,000. The husband, however, denied the said contention.

Justice Deshpande took into account the husband's profile posted on a matrimonial site. The profile showed he owned a digital marketing firm and one more company which has branches across India. It also revealed that the husband earns Rs five lakh a month.

"Merely because the wife is earning some paltry income through her practice

as a homeopath, that does not disentitle her to claim maintenance from the husband to lead a suitable life and commensurate to the life the husband is leading," Justice Deshpande observed, while dismissing the husband's petition.