Bombay High Court Upholds Maintenance Order in Divorce Case

In a recent legal development, the Bombay High Court has upheld a lower court's decision that requires a woman to pay a monthly maintenance of Rs 10,000 to her unemployed husband, who also suffers from medical ailments. The woman, who had previously worked as a branch manager in a bank, cited her resignation from the job as evidence of her current unemployment. However, the court maintained the maintenance order despite her claim.

The lower court, situated in Kalyan, justified its decision by pointing out that the woman had financial responsibilities, including a home loan and expenses related to their minor child. The court deemed it necessary for her to disclose the source of income used to meet these expenses, suggesting that she still had an income stream despite her resignation.

The dispute arose in the context of a divorce plea filed by the husband in 2016. Both parties filed applications seeking interim maintenance from each other. While the lower court dismissed the woman's application, it granted the husband's plea, directing the wife to pay him Rs 10,000 per month based on his claim that she earned around Rs 65,000 monthly at her previous job. Dissatisfied with this decision, the wife challenged it in the high court.

During the proceedings in the high court, Justice Sharmila Deshmukh observed that the woman's advocate did not contest her current employment status. The bench further noted the absence of documentary evidence regarding the woman's income, which hindered the trial court's ability to assess the maintenance quantum accurately.

The high court emphasized the necessity for the wife to provide material evidence regarding her expenses and income to facilitate a fair assessment of maintenance. Despite acknowledging potential expenses on her part, the court stressed that the failure to present necessary material impeded the trial court's ability to determine an appropriate maintenance amount.

In summary, the Bombay High Court upheld the maintenance order, highlighting the importance of providing relevant financial evidence for a fair assessment of maintenance in divorce cases.

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