The Bombay High Court recently ruled that a wife is entitled to maintenance from her husband even if she is earning. Provided her income is insufficient to maintain the standard of living she had during the marriage. Justice Manjusha Deshpande observed that the wife in the case earned only ₹18,000 as an Assistant Teacher. This was not enough for her daily expenses, including travel. The Court noted a stark income gap between the spouses, as the husband earned over ₹1 lakh per month and failed to disclose his true income. The Court emphasized that earning wives cannot be denied support if their income doesn’t match their matrimonial lifestyle. Temporary or negligible income sources like interest from fixed deposits or tuition classes do not count as stable earnings. The wife, currently living with her parents at her brother’s home, faced financial hardship and lacked a decent standard of living.
The husband, with no significant financial responsibilities, was capable of paying ₹15,000 monthly as ordered by the Family Court. The High Court upheld the lower court’s decision, dismissing the husband’s appeal and reaffirming the wife’s right to maintenance under such circumstances.
