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Wednesday, July 18, 2018

HC quashes working woman’s plea for increased maintenance from husband

The woman was seeking enhancement of maintenance paid by her husband for the child from Rs 7,000 to Rs 10,000 per month.

By: Express News Service | Mumbai | Published: October 23, 2017 2:59:00 am
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The Bombay High Court recently rejected a working woman’s prayer seeking enhancement of maintenance paid by her estranged husband for their minor daughter, observing that “as both the husband and wife are working, it is settled in law that both the parents have to maintain the child in proportion to their income”. The woman had approached the Bombay High Court against a family court order. She was seeking enhancement of maintenance paid by her husband for the child from Rs 7,000 to Rs 10,000 per month. She further sought Rs 10,000 as maintenance for herself besides demanding for a separate residence for herself and her daughter. The High Court rejected all her prayers.

“The expenses of the child come to Rs 9,821 per month. The father is paying Rs 7,000 per month towards the maintenance of the child which is more than his share of maintenance for the child,” said Justice V K Tahilramani. The woman had submitted a chart showing expenses incurred for her daughter. “It is stated that expenses for clothing is Rs 2,000 per month. A child does not require clothing of Rs 2,000 per month, and as per the status of both the parties, Rs 1,000 per month is enough,” held the court.

The division bench held that the woman earns Rs 39,000, according to her September 2017 salary slip. Her husband earns Rs 37,000 per month. “Looking at the salary slips of the appellant-wife, it is seen that she has sufficient income to maintain herself, hence she is not entitled for any maintenance from the respondent-husband. The prayer of the wife for maintenance is rejected,” observed Justice Tahilramani.

The wife had also asked for a separate residence, adding that she was residing with her parents and brother. “The wife is serving with the police. It is well known that police quarters are available for police staff. She can always avail police quarters for her residence,” added the court.

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