{"id":351894,"date":"2025-06-30T14:30:15","date_gmt":"2025-06-30T09:00:15","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=351894"},"modified":"2025-07-04T09:20:26","modified_gmt":"2025-07-04T03:50:26","slug":"bom-hc-working-wife-entitled-to-maintenance-by-husband","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/06\/30\/bom-hc-working-wife-entitled-to-maintenance-by-husband\/","title":{"rendered":"Working wife entitled to maintenance matching matrimonial standards of living: Bombay High Court"},"content":{"rendered":"
\n

Bombay High Court:<\/span> A writ petition was filed by the petitioner-husband challenging the Family Court\u2019s order directing him to pay interim maintenance of Rs 15,000 per month to his wife-the respondent during the pendency of their divorce proceedings under Section 13(1)(i-a)<\/a> and 13(1)(i-b)<\/a> of the Hindu Marriage Act, 1955<\/a> (\u2018HMA\u2019), where he contended that the wife was already employed and therefore not entitled to maintenance. A Single Judge Bench of Manjusha Deshpande<\/span>, J., held that there was a huge disparity in the income of the husband and wife, which could not be compared, and thus, the wife was certainly entitled to be maintained with the same standard of living as she was accustomed to before their separation.<\/p>\n

Background:<\/h3>\n

The parties married on 28-11-2012 and the husband had alleged that due to the wife\u2019s tantrums and ill-treatment, their relationship became strained, and the wife left the matrimonial home to live with her parents in May 2015. Despite the husband buying a new flat as per the wife\u2019s preference, the issues continued. The husband, thus, filed a petition for divorce on 7-6-2019 under Section 13(1)(i-a)<\/a> and 13(1)(i-b)<\/a> HMA<\/a> in the Family Court.<\/p>\n

Consecutively, the wife filed an interim application for maintenance on 29-9-2021, which was allowed by the Family Court on 24-8-2023, awarding her Rs 15,000 per month from 1-10-2022 until the final disposal of the petition.<\/p>\n

The husband challenged the maintenance order on the ground that the wife was already employed as an Assistant Teacher and was earning an amount of Rs 21,820 per month. He further claimed that she earned Rs 2,00,000 per annum from tuition classes, along with interest income from fixed deposits, totalling a monthly income of about Rs 40,000. He also disclosed that his income by way of gross salary was Rs 65,774 and salary in hand was Rs 57,935. Additionally, his monthly expenses came to Rs 54,000 per month, since he was residing with his old parents who needed to be looked after and maintained by him.<\/p>\n

The counsel for the wife submitted that the husband had suppressed material facts\/details regarding his employment, including salary particulars, and other benefits such as privileges, incentives and increments received from the company where he was employed. It was further argued that the husband had potential financial resources, inclusive of a substantial income and savings, and despite possessing the financial capacity he was avoiding his obligation to deprive the wife from her legal dues for which she was entitled as per the provisions of law. Moreover, the present petition was also filed only with an intention to harass the wife, and he was presenting distorted facts before this Court to gain sympathy and thereby get the order impugned modified.<\/p>\n

The wife also highlighted that she resided with her parents, who in turn resided with her brother\u2019s family and in her meagre income, it was impossible for her to carve out expenses towards rent if she decided to reside separately. She contended that she had not suppressed any facts from the Court and has disclosed her true and correct income, which was insufficient for her needs since her salary was exhausted in transportation and daily food etc., hence she was in dire need of maintenance.<\/p>\n

The wife further presented the husband’s salary slips for January 2024, February 2024, and March 2024, disclosing incomes of Rs 66,713, Rs 68,962, and Rs 1,41,532, respectively. It was further submitted in the affidavit that, despite the husband’s claim that his parents were dependent on him, his father’s pension of Rs 28,000 indicated that they were not financially dependent on the husband and given that the he resided in a posh flat, it could not reasonably be contended that he was incapable of bearing the monthly maintenance expense of Rs 15,000. Considering the status of the husband and his standard of living, the wife was entitled to the maintenance amount granted by the Family Court and, therefore, the impugned order did not deserve any interference.<\/p>\n

Analysis and Decision:<\/h3>\n

The Court held that the claim of the husband had been falsified by the salary slips submitted by the wife which disclosed his net pay. The Court noted that though the husband claimed that his parents were dependent on him, his own affidavit disclosed that his father drew a pension per month which meant his parents were not financially dependent on him and in fact they must be contributing to the monthly maintenance of the family.<\/p>\n

The Court found substance in the submission that the husband had not disclosed his true income in the affidavit of assets and liabilities. Additionally, the salary slips placed on record disclosed his income above Rs 1,00,000 and wife\u2019s income to be Rs 18,000 per month. Though it was claimed by the husband that the wife had an additional income from the interest of the fixed deposits, the interest was negligible. The Court stated that the income from tuition classes could not be said to be a permanent source of income and there was a huge disparity in the income of the husband and the wife, which could not be compared.<\/p>\n

The Court emphasised that the wife was entitled to be maintained with the same standard of living as she was accustomed to before their separation and while determining the quantum of maintenance, the factors that were required to be taken into consideration were- income of the respective party\u2019s age; their responsibilities; their reasonable needs; necessities and income derived from other sources, if any.<\/p>\n

The Court relied on Pravin Kumar Jain v. Anju Jain<\/span>, (2025) 2 SCC 227<\/a>, wherein the Supreme Court reiterated the guidelines for fixing the amount of maintenance and provided the following factors to be looked into while granting maintenance:<\/p>\n

    \n
  1. Status of the parties, social and financial.<\/li>\n
  2. Reasonable needs of the wife and the dependent children.<\/li>\n
  3. Parties’ individual qualifications and employment statuses.<\/li>\n
  4. Independent income or assets owned by the applicant.<\/li>\n
  5. Standard of life enjoyed by the wife in the matrimonial home.<\/li>\n
  6. Any employment sacrifices made for responsibilities.<\/li>\n
  7. Reasonable litigation costs for a non-working wife.<\/li>\n
  8. \n

    Financial capacity of the husband, his income, maintenance obligations, and liabilities.<\/p>\n<\/li>\n<\/ol>\n

    The Court stated that the above-mentioned factors were laid down based on the Supreme Court\u2019s decisions in Rajnesh v. Neha<\/span>, (2021) 2 SCC 324<\/a>, and Kiran Jyot Maini v. Anish Pramod Patel<\/span>, 2024 SCC OnLine SC 1724<\/a>. The Court applied the aforementioned factors to the facts of the present case, and concluded that the wife was entitled to maintenance from the husband’s income, as her own earnings were insufficient to support her livelihood.<\/p>\n

    The Court held that though the wife was earning, the said income was not sufficient for her own maintenance, and she could not stay with her parents indefinitely as it would cause inconvenience and hardship to all of them. The Court opined that the husband\u2019s income was far more than the wife with no financial responsibilities on him and even if he had certain expenses that were necessary for the maintenance of himself and the family members whom he was obliged to maintain, the amount that remained was sufficient enough to enable him to support the wife as per the order passed by the Family Court.<\/p>\n

    The Court emphasized that merely because the wife was earning, she could not be deprived of the support from her husband with the same standard of living to which she was accustomed to in her matrimonial home. The Court found no merit in the contention that the maintenance award was unreasonable or extreme, and therefore, dismissed the petition.<\/p>\n

    [X v. Y, 2025 SCC OnLine Bom 2505<\/a>, decided on 18-6-2025<\/span>]<\/p>\n

    \n

    Advocates who appeared in this case :<\/p>\n

    For the Petitioner:<\/span> Shashipal Shankar<\/p>\n

    For the Respondent:<\/span> S.S. Dube a\/w Nagendra Dube<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    “The husband’s income is far more than wife with no financial responsibilities on him and even if he has certain expenses that are necessary for maintenance of himself and family members, the amount that remains is sufficient to enable him to support his wife.”<\/p>\n","protected":false},"author":67011,"featured_media":351902,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2569,84400,3374,8591,84399,71006,84401,31255],"class_list":["post-351894","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Bombay_High_Court","tag-earning-wife-maintenance","tag-family_court","tag-interim-maintenance","tag-interim-maintenance-divorce","tag-justice-manjusha-deshpande","tag-salary-disparity-in-marriage","tag-section-13-hindu-marriage-act"],"yoast_head":"\nBom HC holds 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not adduced; Maintenance application not decided: Bombay High Court remands divorce matter to Family Court","author":"Editor","date":"September 26, 2022","format":false,"excerpt":"\u00a0 \u00a0 Bombay High Court: In a case filed by a wife (\u2018appellant') challenging the Family Court order that granted decree of divorce without giving her opportunity to adduce evidence and without deciding her interim application for maintenance, a Division Bench of A S Chandurkar and Urmila Joshi Phalke, JJ.,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, 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Bom HC decides","author":"Bhumika Indulia","date":"April 2, 2022","format":false,"excerpt":"Bombay High Court: Bharati Dangre, J., held that provision of maintenance\/permanent alimony being a beneficial provision for the indigent spouse, Section 25 can be invoked by either of the spouse, where a decree of any kind governed by Sections 9 to 13 has been passed and marriage tie is broken,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":207619,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/01\/04\/maintenance-wife\/","url_meta":{"origin":351894,"position":2},"title":"Maintenance – Wife","author":"Bhumika Indulia","date":"January 4, 2019","format":false,"excerpt":"[Disclaimer: This note is for general information only. It is NOT to be substituted for legal advice or taken as legal advice. The publishers of the blog shall not be liable for any act or omission based on this note] \u00a0Introduction \"Maintenance\" is an amount payable by the husband to\u2026","rel":"","context":"In "Law made Easy"","block_context":{"text":"Law made Easy","link":"https:\/\/www.scconline.com\/blog\/post\/category\/law-made-easy\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2019\/01\/MAINTENANCE.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2019\/01\/MAINTENANCE.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2019\/01\/MAINTENANCE.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2019\/01\/MAINTENANCE.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2019\/01\/MAINTENANCE.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":240638,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/12\/14\/bom-hc-if-the-wife-is-earning-something-for-livelihood-can-the-same-be-a-ground-to-refuse-alimony-under-s-24-of-hindu-marriage-act-read-courts-ruling-taking-reiterating-scs-decision\/","url_meta":{"origin":351894,"position":3},"title":"Bom HC | If the wife is earning something for livelihood, can the same be a ground to refuse alimony under S. 24 of Hindu Marriage Act? Read Court’s ruling reiterating SC’s decision","author":"Bhumika Indulia","date":"December 14, 2020","format":false,"excerpt":"Bombay High Court:\u00a0Mangesh S. Patil, J., in the present application directed the husband to pay an amount of Rs 10,000 towards alimony pendente lite under Section 24 of the Hindu Marriage Act. Petitioner-wife has impugned the order passed by the Family Court, Judge wherein her application was rejected in which\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":370775,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/12\/24\/quantum-of-maintenance-proportionate-to-husband-income-bom-hc\/","url_meta":{"origin":351894,"position":4},"title":"‘Maintenance has to be proportionate to children’s needs & not husband’s income’: Bombay HC dismisses wife’s claim of Rs 1 lakh per child","author":"Sunaina","date":"December 24, 2025","format":false,"excerpt":"\u201cIt does not mean that a proportionate part of a husband\u2019s income is to be awarded to the wife and children, rather the maintenance must be in proportion to the needs of the children. The amount of Rs 50,000 per month was a meager amount for the two daughters of\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"quantum of maintenance","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/12\/quantum-of-maintenance.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/12\/quantum-of-maintenance.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/12\/quantum-of-maintenance.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/12\/quantum-of-maintenance.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":223633,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/12\/27\/bom-hc-no-right-of-maintenance-under-s-125-crpc-to-a-wife-divorced-on-grounds-of-adultery\/","url_meta":{"origin":351894,"position":5},"title":"Bom HC | No right of maintenance under S. 125 CrPC to a wife divorced on grounds of adultery","author":"Bhumika Indulia","date":"December 27, 2019","format":false,"excerpt":"Bombay High Court:\u00a0Nitin\u00a0W. Sambre, J., dismissed the petitions filed by the petitioner questioning the order of denial of maintenance to her. The petitioner was a divorced wife. The respondent (ex-husband of the petitioner) had attained a decree of divorce against her under Section 13 of the Hindu Marriage Act, 1956,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/351894","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=351894"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/351894\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/351902"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=351894"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=351894"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=351894"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}