Bombay HC Cuts Interim Maintenance, Says Working Spouses Must Share Costs Equally
UPSC / SSC current affairs note · Polity
Why in news
The Bombay High Court reduced interim maintenance payable by a husband, emphasizing that earning spouses must both contribute to maintaining their lifestyle. The court also ruled that decisions on child's education and fees cannot be taken unilaterally by one parent when both are expected to contribute financially.
Background
The case involved a chartered accountant husband challenging a Family Court order directing him to pay Rs 50,000 per month as interim maintenance. The husband argued he lost his job during Covid-19, shifted to Madhya Pradesh, and had reduced income. The wife was also earning and opposed shifting to a more affordable flat.
Key facts
Bombay HC reduced interim maintenance from Rs 50,000 to Rs 25,000 per month for wife and son.
Justice M.M. Sathaye observed that equality cannot be claimed selectively in matrimonial disputes.
The court noted the Family Court had not objectively assessed the husband's present income.
The husband lost his high-paying job during Covid-19 and now works as a CA in Madhya Pradesh with reduced income.
The wife was earning but not contributing to EMIs of two flats in Andheri and Panvel.
The court said if lifestyle is to be maintained, both parties must contribute.
Decisions on child's school and fees cannot be taken unilaterally by one parent when both are expected to pay.
The husband was directed to pay Rs 25,000 per month until final decision and clear arrears within 12 weeks.
Family Court to decide main maintenance application within nine months.
Prelims pointers
- Bombay High Court
- Interim maintenance under Hindu Marriage Act / Family Law
- Section 24 of Hindu Marriage Act, 1955 (maintenance pendente lite)
- Covid-19 pandemic impact on income considered
Mains angles
- Discuss the principle of equality in matrimonial maintenance: Should both spouses contribute to lifestyle costs?
- Critically examine the role of courts in balancing maintenance rights with changed financial circumstances.
- Analyze the impact of Covid-19 on judicial decisions regarding maintenance and alimony.