Mumbai court directs man in ‘good financial position’ to pay maintenance to estranged wife

PTI, Apr 10, 2023, 3:42 PM IST

A Mumbai court has directed a man to pay an interim maintenance of Rs 30,000 per month to his 61-year-old wife who has been living separately, noting he is in a ”good financial position” and the woman is unable to support her basic needs for nutritious food and medical aid. Additional Sessions Judge Madhuri Deshpande granted the interim relief to the woman on March 31, while hearing her appeal seeking higher compensation. As per the woman’s plea, her husband deserted her and started living with his personal secretary. The woman claimed to have been ill-treated by her husband. She further claimed her husband deserted her and their two children and has not provided any monetary assistance to them, though he has huge business and is in a good financial position.

The appellant (woman) fears the respondent (husband) may drive her out of the house where she now resides. She does not have any source of income and is unable to maintain herself. Therefore, she prayed for an interim maintenance from the respondent (husband).

The woman filed the criminal appeal in the sessions court for a higher compensation after a magistrate court directed that she be paid maintenance at the rate of Rs 20,000 per month, while deciding her petition under the Protection of Women from Domestic Violence Act. The woman’s husband, however, has denied all the allegations. According to him, the appellant and their sons drove him out of the house. Therefore, he was compelled to live in a rental house. The man also denied the relationship with his secretary. He claimed that he never ill-treated the appellant and no domestic violence was committed on her. The court after hearing both the sides said the documentary evidence placed on record clearly reveals that the husband is having good financial position and sufficient means to provide maintenance to the appellant. At this prima-facie stage, it appears the appellant is a senior citizen, aged about 61 years. She requires nutritious food, medical aid and other necessary expenses, the court said. The woman is unable to maintain herself and is not having any source of income, it noted. She is residing separately, she needs good food, medical facility and other necessary expenses, the judge said. ”Therefore, considering the daily needs and requirement of the appellant/wife and considering the source of income of respondent/husband, maintenance granted by the learned lower court seems to be somewhat less considering the huge prices of the daily needs,” the court observed. ”Therefore, in my view, considering the source of income of respondent/husband and considering the needs of the appellant, Rs 30,000 per month as an interim maintenance will be just and proper,” the judge said. The court further said the interim maintenance was to be paid from the date when the criminal appeal was filed (October 2020) till its disposal.