The Bombay High Court recently held that a wife, even if earning, is entitled to financial support from her husband to maintain the same standard of living she enjoyed in her matrimonial home. This significant judgment was delivered by Justice Manjusha Deshpande on June 18, 2025, in SKPS vs PSS (Writ Petition 16275 of 2023), where the husband had challenged a maintenance order passed by the Family Court in Bandra.
"Merely because the wife is earning, she cannot be deprived of support from her husband with the same standard of living to which she is accustomed in her matrimonial home,"
— Justice Manjusha Deshpande
In the case, the Family Court had directed the husband to pay ₹15,000 per month as interim maintenance to his wife. The husband contested the order, stating that his wife was earning approximately ₹40,000 per month through her job as a teacher and tuition classes. He further claimed high monthly expenses and dependent elderly parents.
However, the Court found several discrepancies in the husband’s claims. Justice Deshpande noted that although he declared his monthly net salary to be around ₹57,935, the salary slips submitted by the wife revealed earnings exceeding ₹1.5 lakh in some months. His claim of financial inability was also dismissed after it was revealed that his father draws a pension of ₹28,000, making the claim of financial dependence invalid.
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“There is a huge disparity in the income of the husband and the wife, which cannot be ignored,”
— Justice Manjusha Deshpande
The Court emphasized that while the wife is earning ₹18,000 as a school teacher, this income was insufficient for her independent living. She has to travel a long distance for her job and currently resides with her parents at her brother’s house, which is not a sustainable arrangement.
The judge referred to recent Supreme Court rulings, including Pravin Kumar Jain v. Anju Jain, reiterating that a wife’s standard of living, income disparity, and both parties' financial obligations must be considered in maintenance decisions.
“Even if a wife has some income, she is entitled to be maintained at the standard she was used to in the matrimonial home,”
— Bombay High Court
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In conclusion, the High Court dismissed the husband’s writ petition and upheld the Family Court’s maintenance order, asserting that the wife deserves financial assistance to live with dignity and without undue hardship.
Appearance:
- Advocate Shashipal Shankar represented the husband.
- Advocates S.S. Dube and Nagendra Dube represented the wife.
Case Title: SKPS vs PSS (Writ Petition 16275 of 2023)
