Nithyakalyani Narayanan. V
Mumbai Sessions Court refused to grant interim maintenance order after it was found that the wife earned Rs. 4 lakhs more than her husband annually.
Both husband and wife appealed to the Sessions Court after Magistrate Court’s order in November 2022. The wife requested maintenance of herself and an increase in child support. The husband denied the paternity of the child.
The woman filed a domestic violence case against her husband and in-laws in 2021, claiming that she was forced to leave their home after the birth of their child. She stated that she was cohabiting with her husband when she became pregnant and that her husband was getting treatment for sexual dysfunction which was not informed to her. When her husband and his family learned of her pregnancy, they began to have doubts about her character. The Court ordered the man to pay Rs.10,000 per month as child support.
Additional Sessions Judge CV Patil held that “Indeed, an earning wife is also entitled to maintenance, but other circumstances must be considered… Here also, the husband has more income than wife or whether the wife is entitled to maintenance would be determined on merit. But at this stage, considering prima facie income of the parties, the order of the magistrate is legal and proper”.