10 May 2024 Child Support >> Divorce Laws in India   |   Maintenance >> Family Law  

A husband's attempt to challenge a family court order granting maintenance to his wife and son backfired, resulting in a higher maintenance amount. The wife, represented by a lawyer, successfully defended her claim while the husband's arguments were dismissed.

Background:

The couple had been married since 1998 and separated at some point. The wife received Rs. 1500/- per month as maintenance for herself and Rs. 2000/- per month for their son studying in 12th grade. The husband contested this, claiming his wife was secretly employed and earning a substantial amount (Rs. 12,000/- to Rs. 15,000/- per month). He argued that she had suppressed this information to get a higher maintenance amount. The wife countered that she did have a job but only earned Rs. 3500/- per month. She emphasized the rising cost of living and the need for more funds for her and their son's expenses, including education and housing. Interestingly, the court considered the husband's financial situation as well, noting he had a business and rental income. The court ultimately sided with the wife. They dismissed the husband's arguments about her hidden income and highlighted his financial ability to contribute. As a result, the wife's maintenance was increased to Rs. 3500/- per month, and the son's to Rs. 5000/- per month.

Court's Observations on Truth and Justice:

The case sheds light on the complexities of family disputes. The court acknowledged the challenges in establishing absolute truth, particularly regarding income in such situations. They emphasized prioritizing justice over absolute truthfulness, especially when dealing with statutory reliefs like maintenance. In a noteworthy observation, the court suggested that district courts consider awarding interest on maintenance dues. This could incentivize timely payments and ensure financial security for the receiving party. The court ordered the circulation of this judgment within Maharashtra's district courts for their consideration.

Outcome:

The husband's attempt to challenge the maintenance order resulted in a higher financial obligation. This case highlights the importance of presenting evidence and the court's focus on ensuring fair financial support within a marriage or after separation. It also introduces the possibility of interest on maintenance dues, potentially impacting future family court decisions.