The Additional Sessions Judge, SB Pawar of Sessions court in Mumbai, overturns the interim maintenance order issued by a magistrate, wherein the husband was directed to pay Rs. 10,000 as maintenance to his estranged wife.

The wife alleged that she was subjected to mental abuse and her husband demanded Rs 4 crore from her when she pursued a divorce.

While husband denied the several allegations and countered that his wife had engaged in multiple extramarital affairs.

Justice found that a 57-year-old south Mumbai woman (wife) earns substantially more income than the husband. Her income was nearly Rs 90 lakh while her husband was in her employment and earned salary from her.  

“The respondent (wife) owns a business concern and her annual income for assessment year 2020-21 is shown as Rs 89.35 lakh. At the same time, the income of the appellant (husband) before filing of the application is about Rs 3.50 lakh per annum and that too as salary from the business owned by the respondent. The respondent does not claim any other independent income source of the appellant apart from her business, which admittedly after the differences between parties has ceased”.

Justice highlighted that the primary aim of granting maintenance is to prevent a dependent spouse from falling into destitution due to breakdown of marriage. Huband’s financial capability is taken to be consideration while determining the proper maintenance amount.

Justice said that trial court failed while granting an interim maintenance to wife without considering her financial standing “trial court failed to consider the sound financial position of respondent while passing an impugned order and proceeded to grant interim maintenance which in my view is not as per the settled principles of law”.