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Roshni B.. (For justice and dignity)     11 January 2012

Court orders man to pay rs 19,000 /month to estranged wife

New Delhi:


 Holding that an estranged woman living separately from her husband is entitled to the living standard of her husband, a Delhi court has enhanced the monthly maintenance of a woman from Rs 15,000 to Rs 19,000.


"It is well settled law in plethora of judgements that the wife is also entitled to live as per the status of her husband," said Additional Sessions Judge (ASJ) Savita Rao, while enhancing the maintenance of a North Delhi woman, living separately from her husband along with her son.

The court order came on an estranged couple's cross- appeals against a magisterial court order with the husband terming the maintenance amount of Rs 15,000, awarded to the wife by the magisterial court as steep and the wife seeking its enhancement.

While the man contended in his appeal that his wife too was earning, the woman countered that she was living along with her son and it was her estranged husband responsibility to maintain both of them as per his financial status.


The sessions court rejected the husband's contention that he has his own expenses and liabilities to meet while his wife herself was earning.

"It is for the appellant to manage his expense considering the liability of maintenance toward his family," the court said, adding "merely giving the details of expenses does not absolve him of his liability to maintain his wife and child." While working out the amount of maintenance to be paid by the man to his estranged wife and child, the court, however, took into account the couple's total income and divided it into equitable shares for all the three, including the child.

The court fixed an amount of Rs 19,000 to be given by the man to his estranged wife after dividing the couple's total income of Rs 60,000 into five parts - two each for 

Woman maintenancehusband and wife and one for the child.


Out of Rs 36,000 thus fixed as the share for the woman and the child, the court deducted Rs 17,000 saying she was already earning this much and accordingly ordered the man to pay her Rs 19,000


 8 Replies


This is a unfair judgement and can be easily challenged in High Court.... Maintenance is not about equivalising the income of the spouse particularly when the wife is earning and educated as well



Whether fair or unfair, some formulae should be worked out for all the courts to follow. So that there is no inconsistencies. Many factors can still be factored in within the framework of a formulae. 

harassed husband (def)     12 January 2012


Pls share some details as to y this is unfair judgement? In maintenance , if its not equivalising, then whats the criterior?

Also is there any wieghtage if the educated yet home-maker wife desserted husband 4 mths after marriage.The civil n criminal cases are pending since 5 years.

Although d wife has not yet filed 125, but in case she does then what would be the criterior of deciding the maintenance amt?? Husbands present staus or the staus at the time of marraige??

Pls guide


Dear Harassed Husband

If the husband files for divorce against his educated and earning wife and then wife files for maintenance case then equivalising of income is not a criteria before the court.......

Court asks for Affidavit from both of them declaring there income and asset details.

In my case, me and my wife are both working with a salary difference of Rs 50000 and She didnt get any maintenance, BUT i have been paying for my child on my own for the past 2 years even though she applied for maintenance just 3 months back.

You understand, as per Hindu Marriage Act, husband isbound to pay for his child, however for the wife, it is decided on by case basis

harassed husband (def)     12 January 2012


Thanks for info!

In subject's case, the wife has already filed for divorce u/s 13 on cruelty grounds, 2 years back. Since couple co-habitated for 4 mths only hence no issue out of wedlock.

Wife is educated & did work for some time before marriage but husband doesnt have any records.Will this be of any help to husband in 125.

In affidavit, is it the Gross Income or the Net Income? I mean those who are into consultancy (not on payrolls) and have expenditure, then they share net income or gross income??

Pls guide..


Call me at 9560 96 0049, I can't share in public

harassed husband (def)     12 January 2012


Will surely do that, but currently cannot make noise.

In case u can share ur gmail ID...den for sure can initiate chat...


call me at ur convenience

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