18 June 2025 Maintenance >> Family Law  

A High Court's decision in the matter of Shachindra Kamala Prasad Shukla v/s Priya Shachindra Shukla regarding a husband's challenge to an interim maintenance order of Rs. 15,000 per month granted to his wife by the Family Court.

The Petitioner-husband argued that his wife is gainfully employed, earning approximately Rs. 21,820 monthly as an Assistant Teacher, with additional income from tuition classes and Fixed Deposits, bringing her total income to around Rs. 40,000 per month. He claimed his own net salary was Rs. 57,935, with monthly expenses of Rs. 54,000, leaving him unable to pay the maintenance. He also stated his elderly parents are dependent on him.

Conversely, the Respondent-wife contended that the husband had suppressed his true income. She presented his pay slips showing monthly net salaries significantly higher, ranging from Rs. 1,17,338 to Rs. 1,51,284. She further pointed out that his father receives a pension of Rs. 28,000 per month, indicating his parents are not financially dependent on him. The wife stated her in-hand salary of Rs. 19,820 is insufficient for her needs, particularly given her long commute and the necessity of residing with her parents and brother due to her meager income. She argued that she is entitled to maintain the same standard of living she enjoyed during the marriage.

The High Court found that the husband had indeed not disclosed his true income, citing his higher salary slips. It noted the significant disparity between the incomes of the husband and wife. Considering the Supreme Court's guidelines for determining maintenance (including the parties' status, needs, incomes, and standard of living), the court concluded that the wife's income was insufficient for her maintenance. The court emphasized that merely because the wife is earning, she cannot be deprived of support to maintain her accustomed standard of living.

Therefore, the High Court dismissed the husband's petition, upholding the Family Court's order of Rs. 15,000 per month maintenance for the wife, finding it neither unreasonable nor excessive.