Bombay HC hikes woman’s maintenance based on ex-husband’s lifestyle

In September 2014, while dissolving the marriage of the couple, the family court at Bandra had granted the sum of Rs. 20,000 as monthly maintenance to the woman. After the ex-husband approached the HC challenging the family court order, the woman also filed a plea seeking enhancement in maintenance granted to her by the family court.

A city woman has got about a four-fold hike in her monthly maintenance — to Rs. 75,000 from the present Rs. 20,000 — after the Bombay high court (HC) noticed huge gap between the income and lifestyle enjoyed by her ex-husband and that of the woman. Directing that the maintenance be paid retrospectively from 2015, the court has asked the ex-husband to clear the arrears in three monthly instalments starting next month.

Bombay high court (HC) noticed huge gap between the income and lifestyle enjoyed by her ex-husband and that of the woman. (HT FILE)

“The wife may be having some savings, (but) the same would not generate even a fraction of the amount needed to enable the wife to maintain a lifestyle even remotely similar to what the husband is enjoying,” said the division bench of justice Akil Kureshi and justice SJ Kathawalla on Tuesday. “We must, therefore, enhance the maintenance payable to the wife by way of interim measure.”

In September 2014, while dissolving the marriage of the couple, the family court at Bandra had granted the sum of Rs. 20,000 as monthly maintenance to the woman. After the ex-husband approached the HC challenging the family court order, the woman also filed a plea seeking enhancement in maintenance granted to her by the family court.

The bench on Tuesday allowed the woman’s plea after noticing that the ex-husband’s annual income had since long been in crores, whereas the woman had no independent income and had to live on financial assistance extended by her brother. Her brother earned a meagre sum by way of interest on a small amount that she had invested in a relative’s firm. The HC accepted the woman’s plea noticing that while her bank accounts were credited with small amounts, the ex-husband had purchased a 1,220-sq-ft flat in a plush residential complex at Mahalaxmi for total consideration of Rs. 3.48 crore in 2008. The HC restrained the ex-husband and the couple’s major son, who lives with the ex-husband, from creating any third-party interest in the Mahalaxmi flat (such as making any transaction in respect of this property, like sale, lease, mortgage, etc).