In a recent development, the City Sessions Court in Mumbai upheld the decision of a trial court to deny interim maintenance to a woman who earned Rs 4 lakh more per year than her estranged husband. Both the husband and wife had appealed against the magistrate court’s order from November 2022, in which the wife’s request for relief was rejected. The wife had sought maintenance for herself and an increase in child support, while the husband disputed the paternity of the child.
The courts concluded that since the woman earned more than her husband, she was not entitled to receive any financial support from him. Additional Sessions Judge CV Patil clarified that while a working wife could potentially be eligible for maintenance in specific circumstances, such as when the husband earns more or based on the merits of the case, the magistrate’s order in this particular instance was considered lawful and appropriate due to the evident income disparity between the parties.
Furthermore, in 2021, the woman had filed a domestic violence case against her husband and in-laws, alleging that she was compelled to leave their residence after giving birth to their child. Subsequently, the judge had instructed the husband to pay Rs 10,000 per month for the child’s upkeep. During the proceedings, the woman revealed that she was cohabiting with her husband when she conceived and disclosed that her husband had been undergoing treatment for sexual dysfunction without her knowledge. The husband and his family began to question her character upon learning about her pregnancy.