27/06/2025
Merely because the wife is earning, she cannot be deprived the support from her husband with the same standard of living to which she is accustomed to in her matrimonial home: Bombay High court
WRIT PETITION NO. 16275 OF 2023
Shachindra Kamala Prasad Shukla V/S Priya Shachindra Shukla
Justice: Ld. MANJUSHA DESHPANDE, J.
DATED : 18th JUNE 2025
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Court finding: In the present case though the wife (gross salary is Rs.21,820/- and net salary is Rs.19,820/) is earning, the said income is not sufficient for her own maintenance since she has to travel daily a long distance for her job. She is staying with her parents which she cannot stay indefinitely. Because of her meager earning, she is constrained to stay in the house of her brother alongwith her parents causing inconvenience and hardship to all of them. In such a income she is not in a position to live a decent life. As against, it if compared against the Petitioner's income, his income ( January 2024, February 2024, and March 2024, disclosing incomes of Rs.66,713/-, Rs.68,962/-, and Rs.1,41,532/)is far more than the Respondent-wife's, with no financial responsibilities on him. Even assuming the certain expenses must be necessary for the maintenance of himself and the family members whom he is obliged to maintain, the amount that remains is sufficient enough to enable him to support the Respondent-wife as per the order ( Rs.15,000/- per month) passed by the Judge, Family Court at Bandra. Merely because the wife is earning, she cannot be deprived the support from her husband with the same standard of living to which she is accustomed to in her matrimonial home.