Alimony can’t be denied basis financial status: Bombay High Court

In a significant order, the Bombay High Court, while granting an interim maintenance of Rs 75,000 per month to an estranged wife amounting from 2011, held that a husband cannot deny relief on the ground that his wife’s parents are affluent or are in a position to maintain her.

Justice MS Sonak while setting aside a family court order of 2016, which had denied any maintenance amount to the wife, said, “The respondent (husband) cannot deny the petitioner’s interim maintenance on the grounds that her parents are rich and affluent or that her parents are in a position to maintain her. The primary duty of maintenance is that of the ­husband and the same cannot be wished away on the basis of such considerations.”

The court also rejected family court’s grounds that the woman was a tutor and was earning sufficient money for her upkeep. Justice Sonak said, “The independent income must no doubt be taken into consideration. However, it is not correct to say that the moment the wife has some income, the claim for interim maintenance must be rejected.”

Advocates RV Pai and AR Pai appearing for the woman had argued that the family court erred in observing that since the woman did not pursue the application for interim maintenance, till it was decided in 2016 that she was capable of earning and did not require any interim maintenance.