Published on: 28 May 2023 at 20:20 IST
Recently, a trial court in Mumbai rejected a woman’s request for interim maintenance after discovering that she earned Rs 4 lakh more per year than her estranged husband.
The decision of the trial court has now been upheld by the City Sessions Court of Mumbai, which has denied relief to the wife.
Following the magistrate court’s order in November 2022, both the husband and wife appealed to the sessions court. The wife sought maintenance for herself and an increase in child support, while the husband denied paternity of the child. The courts ruled that since the woman earned more than her husband, she was not entitled to receive any financial support from him.
Additional Sessions Judge CV Patil stated that an earning wife can also be entitled to maintenance, but other circumstances must be taken into consideration.
In this particular case, whether the husband earns more than the wife or if the wife is entitled to maintenance will be determined based on merit. However, considering the apparent income of the parties involved, the magistrate’s order is deemed legal and appropriate at this stage.
In 2021, the woman lodged a domestic violence case against her husband and in-laws, claiming that she was compelled to leave their residence following the birth of their child. The court, however, directed the man to provide Rs 10,000 per month for the welfare of their young child.
The woman informed the court that she was residing with her husband when she became pregnant. She also mentioned that her husband was undergoing treatment for sexual dysfunction but had not disclosed it to her.
When her husband and family became aware of her pregnancy, they started harboring suspicions about her character.