Working woman not 'entitled' to maintenance from husband over this issue, rules Mumbai court

A man does not need to provide maintenance to his wife if she has her own means of living, a Sessions court has ruled in Mumbai. According to a report by DNA, the Sessions court passed this order while deciding on an appeal filed by a husband against the orders of a Magistrate court. The Magistrate court had asked the man to pay an interim maintenance amount to his wife. The Session court, however, ruled that in a case where the wife is having her own means of living, there is no requirement to provide her with an interim maintenance. 

The appeal in the Sessions court was filed by a 35-year-old Nallasopara-based man against his estranged wife. The man had appealed against the orders passed by the Vikhroli Metropolitan magistrate court, which had ruled in favour of his wife.

“It appears from the salary certificate of the wife that she is drawing a salary of Rs 17,000 to Rs 18,000 per month. This fact is not taken into consideration by the Additional Chief Metropolitan Magistrate while granting the interim maintenance of Rs 6,000 to the wife. Prima facie record shows she is having means of living, therefore, she is not entitled for the interim maintenance,” the Sessions court order said. 

Before the magistrate court, the woman had filed a case of domestic violence against her husband under section 23 of the Domestic Violence Act. 

Section 23 of the Domestic violence Act says if the magistrate is satisfied that an application prima facie shows the man is committing, or has committed an act of domestic violence or that there is a likelihood that he may commit an act of domestic violence, then the Magistrate may grant an ex parte order against the man.

After considering the application, the Magistrate had asked the man to pay maintenance amount of Rs 6,000 towards his wife and Rs 2000 towards his two children individually. The order was overruled by the Sessions court.