A sessions court in Mumbai has ordered a 52-year-old businessman from Ghatkopar to pay Rs 16,000 in monthly maintenance to his 47-year-old wife, who is an entrepreneur and earns Rs 30,000 every month, observing that the maintenance A woman cannot be denied a claim, simply because she is employed and her husband earns less than her.
In this case the annual income of the husband is Rs 2.90 lakhs, while the annual income of the wife is around Rs 3.50 lakhs. After a magistrate's court ruled in favor of the wife, the husband filed a petition in the sessions court. The court ruled that the magistrate's observations in the order were reasonable and legal.
“From above, the income of the husband appears to be less than that of the wife. A wife, on the other hand, is the responsibility of her husband. He is obliged to support her regardless of his earnings. As a result, the order does not require any interference” as per the Court of Session.
The man claimed that the woman and her adult sons lived in a "posh" apartment for which he had paid rent of Rs 26,000 per month, living in a transit camp and using a public toilet. He also told the court that both his sons had done more than him.
According to his lawyer, “The economic condition of the wife is stronger than that of the husband. In 2015, the wife abruptly left her husband for no apparent reason."
On the other hand, the woman claimed that her husband earns at least Rs 1 lakh per month. The sessions court referred to a Supreme Court judgment which held that even if the wife is earning, she is entitled to maintenance determination.
"Consequently, it is argued on behalf of the husband that his wife is a breadwinner and she is not entitled to maintenance," the court said.
It was also noted that the husband currently had no liabilities other than his own expenses. “He also owns a business and other properties. Consequently, he is unquestionably entitled to the maintenance and payment of rent to the wife while the domestic violence application is pending” the court held.
The woman had gone to the magistrate's court to file a complaint of domestic violence. In 2015, she divorced the accused and accused him of adultery. The husband denied the allegations. She claimed that he had sent her a notice requesting that he come back and have sex with her, but she refused. After that, the man filed for divorce. He rejected the woman's claims of maintenance.