Damayanti (Unemployed) 10 April 2011

Bom HC: All income sources be considered to calculate maint

Bomaby HC judgment as reported today in a local news paper (with names changed)

Delivered by Jdg. Rajiv Y Ganoo of Bombay HC.

Press news details that:-

Husband is asked pay 3k to wife and 2k to son as maintenance pendant lite in divorce filed by wife as husband got married to another woman.

Husband has immovable property in Satara district in MH.

Husband went to HC in appeal.

Husband's appeal dismissed. Judge opined that all sources of income of husband should be considered while calculating maintenance amount. It is a ex-parte dismissal as husband defaulted/remianed absent.

Wife submitted all details of all sources of income of husband in HC.

Pls Note husband could appeal against the sec 24 of HMA.

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2 Replies

Tajobsindia (Senior Partner ) 10 April 2011

@ Author

1. It is not clear from a news item if husband went to HC appeal against money to first wife OR against that now he is married so no maint. to first wife?

Above besides the point as per news bite the HC direction is gender biased is my comment. Only for husbands they say so, what about any other wife’s cases before HC, have any author heard any HC saying that – NO I is my view.

So it is a gender biased direction of Lordships since a male is appellant.

2. Note I am not commenting on merits and other stuffs though as full text of news item is not available.

(Guest)

The learned Judge is absolutely right that all the sources of income to be considered while deciding the Pendent Lite Expanses. However the expenses are awarded as a matter of right to the opposite party. These expenses are awarded considering the income of the party demanding the PL and his/her requirement to maintain his or her self during the pendancy of case.

So this is a good judgement.