Bombay High Court Cuts Maintenance to Rs 25,000 in Andheri Flat Dispute
The Bombay High Court has reduced the interim maintenance payable by a husband to his wife and son from Rs 50,000 to Rs 25,000 per month, holding that earning spouses must both contribute toward maintaining their lifestyle. Justice M.M. Sathaye issued the order while hearing a petition filed by a chartered accountant involved in a matrimonial dispute concerning a property in Andheri, Mumbai.
The petitioner had challenged a January 2025 order by the Family Court that directed him to pay Rs 50,000 per month as interim maintenance, effective from October 30, 2021. The husband argued that he had lost his high-paying job during the Covid-19 pandemic, relocated from Mumbai to his native place in Madhya Pradesh, and was currently working there with a significantly reduced income.
During the court proceedings, the husband stated that he was struggling to clear maintenance arrears while continuing to pay monthly EMIs for two flats located in Andheri and Panvel. He offered to pay Rs 25,000 per month if his wife agreed to shift to the Panvel property, which would allow him to sell the Andheri flat and clear his financial liabilities. However, the wife opposed the proposal and refused to move from Andheri.
Observing that equality cannot be claimed selectively, the High Court noted that the Family Court had failed to objectively assess the husband's present income or account for the pandemic's impact on professions. Justice Sathaye emphasized that the wife was also earning but was not contributing toward the EMIs of either flat. The court stated that if the wife expects the luxury of staying at a premium location like Andheri without paying EMIs from her own pocket, she cannot claim equality selectively.
Addressing the issue of their son's schooling, the High Court held that decisions regarding the choice of school, its location, and location-dependent fees cannot be made unilaterally by one parent without the consent of the parent expected to pay, particularly when both are expected to contribute financially.
Setting aside the Family Court's order, the High Court directed the husband to pay Rs 25,000 per month until the maintenance case is finally resolved. The husband was ordered to clear the revised arrears within 12 weeks, with the court warning that the earlier order would revive if he defaulted. The Family Court has been directed to decide the main maintenance application within nine months.
