Bombay HC: Wife Cannot be Denied Interim Maintenance Because She Falsely Posted on Social Media that She had Secured Job 

Bombay High Court Aurangabad Bench Law Insider

Aastha Thakur

Published on: 28 November 2022 at 09:11 IST

The Aurangabad bench of the Bombay High Court held that interim maintenance can’t be denied to a wife for making false social media posts regarding her employment.

A single-judge bench of Justice Sandeep Marne ruled that a husband can’t escape paying interim maintenance of Rs 7,500 just because his wife made certain fake job posts on Facebook.

The judge observed that, No doubt, the act of the wife in posting the letter of appointment, which she later claims to be fake, on social media is not commendable and she should have restrained herself from doing so without first verifying the genuineness of the offer,”

The bench further said that at this stage it would be difficult to ascertain if she was actually deceived or was merely attempting to garner praise and popularity on social media platforms by posting factually incorrect information.

“In absence of any concrete proof of actual employment, an inference cannot be drawn that the offer actually fructified in a job for her. Having arrived at a conclusion the wife is actually not employed, in my view, the doors of the Courts cannot be shut on her, even if her conduct may not be completely free from blemish,” the judge said in the order pronounced on November 23.

The bench was dealing with the plea filed by wife against the order passed by a Family Court on December 4, 2019. The lower court reasoned that she has higher qualifications and that her social media status indicates that she has a job in a London-based company. 

The counsel representing the husband stated that the wife has Master’s degree in Engineering, thus is capable of earning and yet she chose to sit idle. Therefore, she cannot be awarded maintenance. He even pointed out that the wife’s mother was politically connected and that the wife herself had accepted some political position.

However, the bench was not satisfied with the contentions submitted by the respondent noting that the husband has not place any relevant material to show that the wife has accepted some position in politics.

The bench further stated that Family Court erred in its judgement presuming that given her qualification, she could secure a job.

” The Family Court itself has recorded a finding that mere publication of a post on social media platform is not sufficient to make out a case with regard to the employment of the wife. Having held so, the Family Court ought not to have raised a presumption she secured an employment, just because she possesses higher qualifications,” 

The bench also reiterated that mere possession of qualifications by wife who is admittedly not employed, cannot ipso facto be a reason to deny interim maintenance altogether.

Moreover, the salary of husband was around ₹66,000 per month and also has a loan to be repaid.

Therefore, the Court directed him to pay ₹7,500 interim maintenance to the wife as for now she is unemployed but possesses higher qualifications, on which basis she can secure a decent job.

Case Title : Aboli Patil vs Tejpal Patil

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