Bombay High Court Enhances Maintenance for Homemaker and Daughters

Interim maintenance increased to Rs. 50,000 monthly each for wife and two daughters; payable from application date.

In a significant ruling, the Bombay High Court has revised the interim maintenance for Manisha Amit Khajanchi and her two daughters, increasing it to Rs. 50,000 per month each, payable from the date of the application. This decision by Justice Manjusha Deshpande comes as a modification to an earlier Family Court order which had granted Rs. 50,000 collectively to the daughters and Rs. 50,000 to the wife from the date of the order.

The legal battle between Manisha and her husband, Amit Kanakraj Khajanchi, has been ongoing since the latter filed for divorce in 2020. Amidst this, Manisha filed for maintenance under the Hindu Adoption and Maintenance Act, 1956, seeking adequate financial support. With the husband’s disclosed income being nearly Rs. 4 lakh per month, the petitioner argued that the previous maintenance amount was insufficient considering their standard of living and the children's needs.

The High Court's judgment emphasized the need for maintenance to reflect the actual financial standing of the respondent and the lifestyle accustomed by the children. The court also underscored the legal principle established in the Supreme Court's decision in "Rajnesh v. Neha," which mandates that maintenance should be awarded from the date of the application unless significant reasons exist to deviate from this rule.

Justice Deshpande critiqued the Family Court's decision to grant maintenance from the date of the order rather than the application date, noting it as an error apparent on record. The court further clarified that the term "each" in the maintenance order referred individually to both daughters and the wife, thereby entitling each to Rs. 50,000 per month.

While addressing the interim Consent Terms agreed upon during the pandemic, the court recognized the Rs. 20,000 paid monthly by Amit as an interim arrangement, which is now to be adjusted against the arrears calculated from the application date.

This ruling is expected to set a precedent for similar cases, reiterating the importance of a fair evaluation of financial needs against the earning capacity of the respondent in matrimonial disputes.

Bottom Line:

Maintenance under Hindu Marriage Act, 1955 - Wife and children entitled to maintenance proportionate to the income of the husband and their standard of living - Maintenance to be awarded from the date of application unless justified reasons are provided for deviation.

Statutory provision(s): Hindu Marriage Act, 1955 Section 24, Hindu Adoption and Maintenance Act, 1956

Manisha Amit Khajanchi v. Amit Kanakraj Khajanchi, (Bombay) : Law Finder Doc Id # 2821500