No Escape from Financial Duties: Bombay HC Ensures Wife's Maintenance Even Without Cohabitation

The Bombay High Court, on Monday, January 8, rejected a petition filed by a husband challenging the interim maintenance awarded by a Family Court to his estranged wife and minor son. The Family Court had mandated the husband to provide Rs 15,000 per month to his wife and Rs 10,000 for their 10-year-old son, as reported by Live Law.

Justice Neela Gokhale, overseeing the case, stated, "The mere fact that she is residing in the matrimonial home is not a pretext to disentitle her to a reasonable amount of maintenance. She still needs some amount towards food, medicine, clothes, and educational expenses for child."

Woman Residing In Matrimonial Home Not A Ground To Disentitle Her From Claiming Maintenance: Bombay High Court | @CourtUnquotehttps://t.co/DSQrlnGKgR

— Live Law (@LiveLawIndia) January 8, 2024

The court emphasized that the purpose of granting interim maintenance is to prevent the dependent spouse from falling into destitution or vagrancy due to the breakdown of their marriage and is "not as a punishment to the other side." The court also noted that while there is no "straight jacket formula" to determine the maintenance amount, it must be reasonable and realistic.

According to the report, the couple, married in 2012, faced differences leading to their separation in November 2021. The husband filed for divorce citing mental cruelty, while the wife sought interim maintenance for herself and their son under Section 24 of the Hindu Marriage Act.