The Bombay High Court has ruled that a woman's income does not automatically remove her right to financial support from her estranged husband, affirming her entitlement to maintain her previous standard of living. Justice Manjusha Deshpande, in a June 18th order, upheld a family court's directive for a man to pay his wife Rs 15,000 per month
-1750932851302_d.png "A woman can't be denied financial support from estranged husband merely because she's earning: Bombay HC")
The court said that a wife deserves the same quality of life she had prior to separation from her husband. Representational pic
The Bombay High Court (HC) has ruled that a woman's earnings do not automatically strip her of the right to financial support from her estranged husband, emphasising her entitlement to maintain her pre-separation standard of living, reported PTI.
A bench led by Justice Manjusha Deshpande, in an order dated June 18, stated that a wife deserves the same quality of life she had prior to their separation.
The court dismissed the plea of a petitioner challenging an August 2023 family court order that mandated him to pay his wife a monthly maintenance of Rs 15,000, reported PTI.
The man had argued that his wife was employed and earned over Rs 25,000 per month, suggesting she therefore did not require 'high' maintenance from him.
However, the court observed that while the wife indeed earns, her income is insufficient for her own maintenance, especially as she undertakes a long daily commute for her job.
The court further noted that with such an income, she is not in a position to live a "decent life."
"Merely because the wife is earning, she cannot be deprived of the support from her husband with the same standard of living to which she is accustomed to in her matrimonial home," stated Justice Deshpande.
The court further highlighted that the husband's income significantly surpasses that of his wife, and he bears no apparent financial responsibilities.
However in his plea, the man had claimed his monthly earnings were not substantial enough to afford the Rs 15,000 payment and that he also had to care for his ailing parents, reported PTI. His wife, contradicting his claims, asserted that he earns over Rs 1 lakh per month.
The court's order also noted that while the woman is currently residing with her parents and brother, this arrangement cannot continue indefinitely as it might cause inconvenience and hardship for them.
Furthermore, the husband's parents were deemed not dependent on him, as his father receives a monthly pension of Rs 28,000. The court concluded that there is a considerable disparity in the incomes of the man and the woman, which renders them incomparable, and consequently refused to overturn the family court's order.
(With inputs PTI)
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