Mumbai, July 27, 2026: Observing that "equality cannot be claimed selectively" in matrimonial disputes, the Bombay High Court has reduced the interim maintenance payable by a husband to his wife and son, holding that earning spouses must both contribute towards maintaining their lifestyle.
High Court Reduces Maintenance
Justice M.M. Sathaye reduced the interim maintenance to Rs 25,000 per month while hearing a petition filed by a chartered accountant challenging a Family Court's January 2025 order directing him to pay Rs 50,000 per month as interim maintenance from October 30, 2021.
The husband argued that he lost his high-paying job during the Covid-19 pandemic, shifted from Mumbai to his native place in Madhya Pradesh, and now works as a chartered accountant there with a significantly reduced income. He also told the court that he was paying EMIs for two flats in Andheri and Panvel and was struggling to clear maintenance arrears.
He offered to pay Rs 25,000 per month if his wife agreed to shift to the Panvel flat, enabling him to sell the Andheri property and clear his liabilities. However, the wife opposed the proposal and said she did not want to move from Andheri.
Court Stresses Shared Responsibility
The High Court noted that the Family Court had not objectively assessed the husband's present income. It also observed that the impact of the Covid-19 pandemic on businesses and professions could not be ignored.
"If lifestyle is to be maintained, both parties must contribute," the court said, while noting that the wife was also earning and was not contributing towards the EMIs of either flat.
The court further observed, "If the wife expects the luxury of staying at a premium location like Andheri, Mumbai without paying EMI from her own pocket... equality cannot be claimed selectively."
Observations On Child's Education
On the issue of the couple's son's education, the court said decisions regarding the choice of school and the fees should not be taken by one parent alone when both are expected to contribute financially.
"If a child's education and its expenditure is an issue, decisions about choice of school, its location and location-dependent fees cannot be taken unilaterally without consent of the party who is supposed to pay," the court said.
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Directions To Family Court
Setting aside the Family Court's order, the High Court directed the husband to pay Rs 25,000 per month to the wife and son until the maintenance case is finally decided.
It also directed him to clear the revised arrears within 12 weeks, failing which the earlier order would revive. The Family Court has been asked to decide the main maintenance application within nine months.
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