Whether women are educated and working in India, they are entitled to monthly maintenance till the pendency of main divorce petition.
A Family Court in Pune has ordered a husband to pay interim maintenance of Rs 10,000 per month to his working wife.
Case:
After dispute between the couple, wife had filed for divorce at the family court. In her application, she sought interim maintenance from her estranged husband.
According to the husband, his wife was a working woman and earned Rs 32,000 per month. Alternately, he also informed court that he earned Rs 25,000 per month.
According to wife’s lawyer, husband owned land worth millions of rupees along with two expensive cars. He also owned his mother’s company, but claimed to be working as an employee in the same.
Pune Family Court
The family court observed that there was difference in the standard of living of both husband and wife, and the former was living a life of luxury. The court further noted that the husband was misleading court on his actual income.
Thus, Family Court Judge R S Aradhye ordered the man to pay Rs 10,000 per month as interim maintenance to his wife.
Additionally, the court also ordered the husband to pay Rs 5,000 towards expenses of the application filed by his wife.
MDO Take:
- Issue is not the quantum of maintenance, but awarding maintenance to wife on here mere application
- Maintenance is automatically granted to women basis standard of living of estranged husband
- Whether the husband is at fault or not does not matter at all, till the pendency of cases
- Going by the backlog of cases in every court, it takes minimum 5-10 years for any order to be passed from lower court
- Until then, women are entitled to monthly maintenance
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