2 days ago
Bombay High Court Raises Wife’s Maintenance, Rejects Cohabitation Claim
A court decided that a woman should receive more money each month from her husband.
The amount was raised from Rs 6,000 to Rs 11,250.
The court used a calculation based on 25% of the husband’s salary.
The new payment applies from June 16, 2023.
The husband argued that his wife should not receive money because she would not live with him.
The court said she had good reasons to stay away.
It considered claims that the husband and his family abused her.
The court also noted that the husband had given conflicting statements about their marriage and whether he wanted her to return.
The Bombay High Court increased the wife’s monthly maintenance from Rs 6,000 to Rs 11,250.
The revised amount was calculated as 25% of the husband’s net monthly salary of Rs 45,076.
The increase applies from June 16, 2023, when the wife filed her maintenance application.
The court rejected the husband’s claim that the wife was ineligible because she refused to live with him.
The court found that allegations of physical abuse, family abuse, and molestation provided sufficient reasons for the wife to live separately.
- Who
- The Bombay High Court, an estranged wife, and her husband.
- What
- The court raised the wife’s monthly maintenance from Rs 6,000 to Rs 11,250 and rejected the husband’s challenge.
- Where
- The case was decided by the Bombay High Court.
- When
- The order was issued on September 4; the revised maintenance applies from June 16, 2023.
- Why
- The court calculated maintenance at 25% of the husband’s net salary and found the wife had sufficient reasons to live separately.
Wife’s Position
Husband’s Position
Whether she could live separately
Wife’s Position
The wife said she had sufficient reasons to leave, citing concealed facts, physical abuse, abuse by her mother-in-law, and molestation by the husband’s nephew.
Husband’s Position
The husband argued that she had refused to live with him and therefore should not receive maintenance.
Amount of maintenance
Wife’s Position
The wife sought an increase from the Rs 6,000 awarded by the family court.
Husband’s Position
The husband sought cancellation or reduction of the maintenance order and had offered Rs 10,000 per month if she lived with him.
Position on the marriage
Wife’s Position
The wife pursued maintenance as the husband’s wife and challenged the original amount as insufficient.
Husband’s Position
The husband initially argued that there was no marriage, but also said he would accept her as his wife if she returned to live with him.
Key facts
- Revised maintenance
- Rs 11,250 per month
- Previous maintenance
- Rs 6,000 per month
- Husband’s net salary
- Rs 45,076 per month
- Calculation used
- 25% of the husband’s net salary
- Effective date
- June 16, 2023
- Relevant legal provision
- Section 125(4) of the Criminal Procedure Code
- Family court order
- Issued in August 2025, directing payment of Rs 6,000 monthly
Quotes
Justice Rajesh S Patil
Bombay High Court judge who decided the maintenance appeals
“The husband suppressed facts about his previous marriage, the cause of his first wife’s death, and that one of his daughters was disabled. She faced physical abuse by the husband, abuse from his mother, and molestation by his nephew, leaving her with no choice but to leave”
indianexpress.com
“In fact, the argument on behalf of the husband is that there was no marriage.”
indianexpress.com
Sources
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