Bombay High Court Grants Interim Maintenance to Wife Amid Disparity in Income
Architect Wife to Receive Rs. 1 Lakh Monthly as Court Quashes Family Court's Order
In a significant ruling, the Bombay High Court has set aside a Family Court's decision and granted interim maintenance of Rs. 1 lakh per month to Mrs. Shrutika Shirish Raut during the pendency of divorce proceedings against her husband, Mr. Siddharth Ramesh Mahadik. Despite her professional qualifications and independent earnings, the court recognized the disparity in income between the spouses and upheld her right to maintain a reasonable standard of living.
The petitioner, Mrs. Raut, an architect earning between Rs. 30,000-35,000 monthly, claimed her income was insufficient to sustain herself and cover litigation expenses in a city like Pune. Her husband, a successful restaurateur, reportedly earned Rs. 15.50 lakhs per month. The Family Court previously rejected her application for interim maintenance, prompting Mrs. Raut to appeal under the supervisory jurisdiction of Article 227 of the Constitution of India.
Justice Manjusha Deshpande, presiding over the case, emphasized that the independent income of the wife should not bar her from receiving maintenance if it fails to match the lifestyle she was accustomed to in her matrimonial home. The court considered factors such as the financial capacity of the husband, the disparity in the parties' income, and the reasonable needs of the wife.
The judgment highlighted that the Family Court's findings were perverse and arbitrary, ignoring crucial evidence, including affidavits of assets and liabilities. The court ruled that Mrs. Raut should be entitled to interim maintenance, ensuring she is not reduced to destitution or vagrancy due to the failed marriage.
The decision underscores the principle that sustenance does not merely imply survival but maintaining a standard of living akin to what one was accustomed to during the marriage. The court's ruling aligns with precedents set in landmark cases such as Rajnesh v. Neha, emphasizing the importance of assessing the financial status and lifestyle of the parties involved.
Following the pronouncement, the respondent's counsel requested a stay on the judgment's implementation for six weeks to allow an appeal to the Supreme Court. The court granted a four-week stay for this purpose, marking a pivotal moment in interim maintenance jurisprudence.
Bottom Line:
Section 24 of the Hindu Marriage Act, 1955 - Wife's entitlement to interim maintenance despite her professional qualifications and earnings, considering the disparity in income and the standard of living during marriage.
Statutory provision(s): Section 24 of the Hindu Marriage Act, 1955, Article 227 of the Constitution of India
Mrs. Shrutika Shirish Raut v. Mr. Siddharth Ramesh Mahadik, (Bombay) : Law Finder Doc Id # 2782212
