Maintenance must be assessed on husband’s economic status not wife’s MBA or past earnings: Allahabad High Court

The court allowed the revision petition and remanded the matter to the family court for fresh determination of the maintenance amount within six months.

Plea for enhanced maintenance

The couple married in Ahmedabad in August 2014. The wife alleged that she was expelled from the matrimonial home within a month over dowry demands and had since been residing separately without any financial support from her husband.

She claimed that her husband, who ran an overseas education consultancy business, earned nearly Rs 5 crore annually and enjoyed a luxurious lifestyle.

It was contended that although the wife is educated, she is presently unemployed, dependent upon her father, and incapable of maintaining herself. Therefore, she sought a maintenance of Rs 25,000 per month.

On the other hand, the counsel for the husband argued that his wife behaved cruelly and improperly towards him and his family, and that she resided with him only for about 20 days before leaving and residing with her parents without sufficient cause, thereby deserting him.

The husband further argued that the wife was highly educated, held an MBA, and had previously worked for three companies.

He contended that she could earn over Rs 50,000 per month, while he himself earned only Rs 15,000-20,000 monthly and was burdened with family responsibilities.

‘Husband made no effort to resume cohabitation’

• At the outset, the Allahabad High Court observed that the husband did not make any effort to express a willingness to resume cohabitation with his wife at any stage of the proceedings.
• It added that the absence of any such offer, even during cross-examination, gave credence to the conclusion that the wife was justified in living separately.
• The court noted that although the wife had worked before marriage and had previously earned around Rs 37,000 per month, she consistently maintained that she was unemployed at the time of filing the maintenance application and was unable to maintain herself.
• The absence of documentary proof, such as a resume, cannot by itself negate her claim of current inability to maintain herself, particularly in the context of matrimonial breakdown, the Allahabad High Court said.
• It remarked that the wife’s education or capacity to earn does not entitle her to claim maintenance.
• It further added that her actual and present ability to maintain herself in a manner commensurate with the standard of living she enjoyed in the matrimonial home needs to be considered.

Inconsistencies in financial disclosure

• The Allahabad High Court also found inconsistencies in the husband’s financial disclosures.
• It observed that while he claimed to hold only a 25 per cent share in the educational consultancy firm, his income tax returns reflected varying ownership shares over different assessment years.
• The court further noted that he failed to satisfactorily explain these discrepancies or produce complete financial records, casting serious doubt on his claims of limited income.
• The inconsistencies in his financial disclosures, coupled with his reluctance to produce complete records, cast a serious doubt on his claim of limited income, the Allahabad High Court noted.
• Considering the socio-economic status of the parties and the prolonged pendency of the proceedings, the court ruled that the amount of Rs 15,000 per month was not just, fair, or commensurate with the standard of living to which the wife was entitled.
• The matter was remanded to the family court for fresh determination of the quantum of maintenance under Section 125 of the Criminal Procedure Code (CrPC).