A single-judge bench of the Bombay High Court of Justice GA Sanap has upheld the maintenance of Rs 7,000 granted to a wife and Rs 7,000 to the child while noting that considering the background and social status of the woman she must be accustomed “to lead standard lifestyle”.
The High Court was dealing with a case in which the husband had filed a revision plea against the order of the family court awarding maintenance to the wife of Rs 7,000 and Rs 7,000 to the child of the couple.
The couple got married in 2011 and had a daughter in 2012. The husband and the mother-in-law of the woman had allegedly 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, she was taking shelter at her father’s house and had no source of income.
The bench observed that the husband was working in the 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 said the wife was qualified and had a diploma in pharmacy. The order reads, “The petitioner No.1 is also qualified woman. She is holding a diploma in pharmacy. Considering her background and the social status, she must be accustomed to lead standard lifestyle. She is entitled to live, befitting her qualification and position of 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 prices of commodities, Rs 7000 was reasonable maintenance. The order states, “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.”
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