The Bombay High Court has held that a woman cannot be denied financial support from her estranged husband merely because she is earning, affirming that she is entitled to maintain the standard of living she enjoyed during the marriage.
Justice Manjusha Deshpande, in an order dated June 18 (released publicly on Thursday), dismissed a petition filed by a man challenging a family court’s directive from August 2023 that ordered him to pay ₹15,000 per month in maintenance to his wife.
The husband had argued that since his wife earned over ₹25,000 per month, she did not require further financial assistance. However, the court rejected this claim, stating that her income was insufficient to maintain a decent standard of living, particularly given her long daily commute for work.
“Merely because the wife is earning, she cannot be deprived of the support from her husband with the same standard of living to which she is accustomed to in her matrimonial home,” the bench observed.
Justice Deshpande also highlighted the stark financial disparity between the estranged couple. While the man claimed limited earnings and cited responsibilities towards his ailing parents, the court found otherwise. It noted that the man was earning significantly more than his wife—reportedly over ₹1 lakh per month—and that his parents were not financially dependent on him, as his father received a monthly pension of ₹28,000.
The court further observed that the woman, currently residing with her parents and brother, cannot be expected to continue living there indefinitely, as it may cause hardship to her and her family.
