Just Because Husband Earns Well, Proportionate Amount From Salary Cannot Be Awarded As Maintenance For Wife & Children: Bombay High Court

In a significant judgment, the Bombay High Court recently held that just because a husband earns well would not mean that a proportionate part of his income is to be awarded to his and children as maintenance.

Single-judge Justice Manjusha Deshpande while holding so, dismissed the plea of a woman, who sought Rs 1 lakh monthly maintenance for each of her two daughters.

"The amount of income disclosed by the husband is not disputed by the wife. Assuming without admitting, even if the amount of income (Rs 3.98 lakhs per month) disclosed by the husband is more than his actual income, it does not mean that a proportionate part of his income is to be awarded to the wife and children. The maintenance has to be in proportion with the needs of the children," the judge held in the order passed on December 12.

The judge noted from the record, that the husband had been paying the school fees and also taking care of the expenses on other activities besides the amount of Rs 25,000 he has been paying for each of his daughter.

"Though the wife has claimed general monthly expenses incurred by her to be Rs. 3,87,333/-, she has not given any details or break-up of the expenses needed for each month. Thus, claim of the wife has to be appreciated on the background of the admitted income of the husband, i.e., Rs. 3,98,870," the judge pointed out.

The judge further took into consideration, the other sources of income available to the husband in the instant case, his expenses on the daughters etc which reflected the 'standard of living' being enjoyed by the wife and the two daughters.

All these factors, Justice Deshpande said, would weigh while quantifying the maintenance admissible to the wife and dependent children, after determining the relevant factors about the financial status and income of the husband, comparing standard of living and the reasonable needs of the wife and their two daughters, the amount admissible towards maintenance, can be fixed.

"Admittedly, the wife, being the primary caregiver, needs to take care of the two daughters of growing age, who are accustomed to particular life-style. But, her claim of Rs. 1 lakh for the two daughters appears to be inflated and not supported by any documents," Justice Deshpande said in the order,.

Further, the judge maintained that though the he claim of Rs. 1 lakh each for the two daughters appears to be exorbitant, the expenses and needs of the daughters cannot be left to the discretion or mercy of the husband.

"The approximate income disclosed by the husband is Rs.3,98,870, from which only a meagre amount of Rs.50,000 and Rs.25,000, respectively is being paid to the wife and her daughters by interpreting the order passed by the Judge, Family Court. After deducting Rs. 60,000 for his personal expenses as claimed by the husband, it leaves more than Rs. 3 lakhs at his disposal. Considering the list of necessary expenses given by him, Rs. 50,000 per month. collectively to the two daughters also appear to be insufficient," the judge held.

Therefore, the judge modified that order of the Family Court, Bandra to the extend that the husband will now pay Rs 50,000 each to both the daughters. The Family Court at Bandra had ordered him to pay Rs 50,000 each to the daughters but he raised confusion over the said order and contended that he was ordered to pay Rs 50,000 collectively (Rs 25,000 to each daughter) to both the daughters.

The judge further modified the Family Court order and enhanced the monthly maintenance to the wife from Rs 25,000 to Rs 50,000. The court, however, refused to enhance the total maintenance payable to the wife and the two daughters to Rs 3.50 lakhs.

Appearance:

Advocates Samarth Moray and Shivani Shinde appeared for the Wife.

Advocates Vikramaditya Deshmukh, Priya Chaubey and Sapana Rachure represented the Husband.

Additional Public Prosecutor SS Kaushik represented the State.

Case Title: MAK vs AKK (Writ Petition 3828 of 2024)

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