Considering Her Background And Social Status, She Must Be Accustomed to Lead Standard Lifestyle: Bombay HC Upholds Maintenance of Rs 7k To Wife
The high court allowed maintenance to the wife and the child while noting that Rs. 7000 was reasonable maintenance considering the increase in the price of the essential commodities.
A single judge bench of the Bombay High Court comprising Justice GA Sanap has upheld the maintenance of Rs. 7000 granted to a wife and Rs. 7000 to the child while noting that considering the background and social status of the wife she must be accustomed to lead standard lifestyle.
The high court was dealing with a case wherein the husband had filed a revision plea against the order of the family court awarding maintenance to the wife of Rs. 7000 and Rs. 7000 to the child of the couple. The husband had filed a revision plea against the said order.
The couple got married in 2011 and had a daughter in 2012. The husband and the mother-in-law of the wife had ill-treated her and she was forced to live with her parents. In 2019, the family court passed a decree of divorce which was also challenged before the high court.
The court said that the husband had not made any provision for his wife and the child since 2012. The court said even though the wife had a pharmacy job, currently she was taking shelter at her father’s house and had no source of income.
The bench observed that the husband was working at Railways as a commercial clerk and his gross salary as per the 7th Pay Commission was Rs.45,000 to Rs.46,000 per month. The husband had also admitted that his mother was getting a pension and the younger brother also had a job.
The high court stated that the wife qualified and was holding diploma a in pharmacy. The order read,
“The petitioner No.1 is also a qualified woman. She is holding a diploma in pharmacy. Considering her background and social status, she must be accustomed to leading a standard lifestyle. She is entitled to live, befitting her qualification and position as the respondent. The learned Judge has taken all these facts into consideration in quantifying the maintenance.”
Further, the court said that considering the rise in the price of commodity Rs. 7000 was reasonable maintenance. The order stated,
“In this backdrop, applying any standard and particularly the rise in prices of the essential commodities, the monthly maintenance quantified at the rate of Rs.7,000/- per month is just, reasonable and proper.”
Case Title: Amit Pali vs Rita Pal