Maintenance amount must be reasonable & realistic, says HC

Kolkata: In a case of maintenance where the husband suppressed his real income, the Calcutta High Court observed that the maintenance amount awarded must be such that the wife is able to maintain herself with reasonable comfort.

The bench of Justice Ajay Kumar Gupta was moved by the wife after being dissatisfied with the maintenance amount fixed by the judge of a family court. She challenged the judgement awarding her a maintenance amount of Rs 10,000 per month which was to be adjusted with the amount awarded to her in other proceedings filed under the Protection of Women from Domestic Violence Act, 2005.

The wife initiated several proceedings against the husband and her in-laws for maintenance. The couple got married in January 2007. She alleged both mental and physical torture by her in-laws and husband who also demanded dowry. She was driven out of her matrimonial home in April, 2008. The husband was accused of getting her pregnancy aborted by giving her wrong medicine in the name of vitamin tablets. She initiated proceedings for cruelty under IPC sections.

The wife claimed the husband earns more than Rs 20 lakh per month from hotel business spread across the country. The husband had opposed maintenance, reasoning the wife is an educated woman and can find a job for herself. He denied cruelty charges while claiming his salary is Rs. 18,000 per month as an employee of a company.

Observing that the wife had no income to maintain herself, the court noted that the income disclosed by the husband was not the only income as he owns a large number of shares in hotels spread across India. “He had suppressed his actual income to deprive his wife from getting actual maintenance though he has moral and statutory duty to maintain her, if she is unable to maintain herself,” court observed. Ruling in favour of the wife, the court observed: “…maintenance amount awarded must be reasonable and realistic considering the financial capacity, actual income, standard of living and reasonable expenses… “, adding that the wife should be able to maintain herself with reasonable comfort.