Bombay HC Halves Maintenance for Wife Living in Andheri Flat

The Bombay High Court has halved the interim monthly maintenance payable by a husband to his estranged wife from ₹50,000 to ₹25,000, observing that she continues to reside in the couple's flat in Andheri while he continues to pay the monthly instalments. In an order dated July 24, a single-judge bench of Justice M M Sathaye ruled that equality cannot be claimed selectively when both spouses are earning, directing the husband to clear his maintenance arrears from October 2021 within 12 weeks.

The legal challenge was brought to the High Court by a 41-year-old chartered accountant who disputed a January 2025 family court order. The lower court had directed him to pay his 42-year-old wife ₹50,000 per month in interim maintenance, resulting in arrears of nearly ₹27 lakh dating back to October 30, 2021. Divorce and child custody proceedings between the couple remain pending before the family court.

The husband submitted that before the Covid-19 pandemic, he held a well-paying job in Mumbai and was servicing Equated Monthly Instalments (EMIs) of about ₹1 lakh every month for two properties—one located in Andheri and another in Panvel. After losing his job during the pandemic and facing a decline in income, he relocated to his native place in Baihar, Madhya Pradesh.

Despite relocating, he continued servicing the EMIs for both flats, managing his personal living expenses, and supporting his parents. He informed the court that he could pay ₹25,000 in monthly maintenance if his wife moved to the Panvel flat, which would enable him to sell the Andheri flat and clear the outstanding maintenance arrears. His lawyer noted that his wife, an MBA graduate earning ₹15,000 a month, had refused to move to Panvel or Madhya Pradesh and did not contribute toward the EMIs or maintenance of either property.

Justice Sathaye disagreed with the family court's finding that there was no explanation for the husband's reduced income, noting the widespread financial impact of the pandemic. The High Court held that if a wife expects to live in a premium location like Andheri without paying EMIs from her own pocket while the husband pays them, he is fully justified in seeking a reduction in maintenance.

Regarding the family court's direction for the husband to pay ₹50,000 monthly toward their 12-year-old son's educational expenses, the High Court observed that decisions regarding school selection, location, and fees cannot be taken unilaterally by one parent without consulting the party expected to bear the costs. The court added that both earning parents must consult each other when choosing their child's education.

Along with reducing the monthly maintenance amount to ₹25,000 and directing the payment of arrears within 12 weeks, the High Court expedited the pending matrimonial dispute in the family court.