Estranged wife can claim 1/5th of husband’s income: Mumbai HC
MUMBAI: An estranged wife is entitled to claim onefifth of her husband’s income as maintenance, the Bombay HC ruled recently. The court’s order was delivered in a litigation between a husband and a wife, both based in Ahmednagar, over the maintenance awarded by a magistrate.
“Quantum of maintenance allowance is required to be fixed having regard to status of the parties, income of the spouses, earning capacity of the husband, his liabilities, basic needs of the wife and other relevant circumstances,” said Justice V R Kingaonkar sitting at Aurangabad bench of the HC. “It’s well settled that ordinarily, 1/5th of the income of the husband could be charged for separate maintenance allowance to the wife.”
Under section 125 of the Criminal Procedure Code, a court can ask a man to provide a monthly allowance for his wife, children or parents if they prove neglect at his hands. Maintenance can be claimed by a woman married under the Hindu Marriage Act, from her husband if she is unable to maintain herself as per the standard of living she was used to during their marriage. The Act is the only matrimonial law in the country that also allows a husband to claim maintenance and alimony from his wife.
The present case was filed by Ahmendnagar resident Bhavna, who claimed that she and her minor daughter were driven out of her matrimonial home by her husband. Alleging that her husband Deepak had refused to maintain them, she filed for maintenance under the CrPC. The magistrate in 1998 ordered Deepak to shell out Rs 700 and Rs 500 per month as maintenance to his wife and child respectively. Deepak challenged the order and a sessions court reduced the maintenance amount to Rs 400 and Rs 300 respectively.