Bombay HC: Both earning spouses must share household and child's education expenses

The Bombay High Court bench granted the man relief last week. File Pic

Equality cannot be claimed selectively, and both earning partners must contribute to household and child's education expenses to maintain a lifestyle, the Bombay High Court said while granting relief to a man seeking reduction in monthly maintenance for his estranged wife and minor son.

Refusal to shift

The man had requested his wife to either live with him in Bihar or shift to the Panvel house so he could sell the Andheri home to reduce his financial burdens. The wife, however, refused. The court said no fault can be found with the man's requests.

‘Reasonable request'

In a matrimonial dispute, if the wife expects the luxury of staying at a premium location like Andheri without paying EMI or contributing to it from her own pocket, then it cannot be expected from the husband, who is already paying the entire EMI, not to plead the same as a reason to seek reduction in the maintenance amount, the bench said. "When both husband and wife are earning and want their child to get the best education, then both are expected to contribute towards the expenses."

Reduced maintenance

The bench set aside the January 2025 order by a family court directing the man to pay Rs 50,000 as monthly maintenance, reducing the amount to Rs 25,000. It noted that the man was paying EMIs towards two houses - one in Andheri where his wife and son are staying and the other at Panvel, while he himself lived in Bihar. The wife was not contributing anything towards the EMIs.

COVID effect

The man told the court he had lost his job during the COVID pandemic, was now working at a much lower salary, and was under financial pressure. The court noted that the pandemic affected several people's professional careers, and hence there was an explanation for the reduction in the man's earnings.

Court order

Bombay HC, ‘Equality cannot be claimed selectively and certainly not when both parties are earning. If lifestyle is to be maintained, then both parties must contribute'

Rs 25,000
Reduction ordered in maintenance amount