Mumbai Court Upholds Maintenance Payment Despite Husband’s Claim of No Income

A court in Mumbai has recently upheld a judgment that orders a man to pay interim maintenance to his estranged wife, even though he claims to have no income. The husband’s appeal against the ruling was dismissed, reaffirming the decision made by a magistrate court. This case highlights the importance of considering a person’s physical capability to earn income, regardless of their claims of financial hardship.

The original decision was delivered by the Mazgaon Magistrate court, which directed the husband to provide interim maintenance to his estranged wife. The court justified this ruling by acknowledging that the husband is an able-bodied individual, despite the lack of concrete evidence supporting his income claims.

During the proceedings, the wife presented specific social media posts that featured the husband’s visiting card and other content suggesting his involvement in some form of work. In contrast, the husband maintained that he had never held a steady job throughout their marriage. However, after a thorough examination of the evidence, the Magistrate concluded that the husband’s physical capacity to earn income could not be ignored.

Consequently, the court ruled in favor of the wife, ordering the husband to pay Rs 5,000 per month in interim maintenance to her, along with Rs 3,000 per month to support their two sons. The wife’s side of the story revolved around allegations of abuse and extramarital affairs, which further exacerbated her financial dependence on the husband.

Under the provisions of the domestic violence act, the wife sought relief from the court. In response, the husband accused her of filing a First Information Report (FIR) against him for charges of domestic violence and rape, leading to his subsequent arrest and unemployment.

Additional Sessions judge NP Tribhuwan supported the original Magistrate court’s decision, stating that it had appropriately considered both legal and factual aspects of the case. Judge Tribhuwan commended the court’s sound judgment in granting the wife’s application, ultimately dismissing the husband’s appeal.

The recent ruling by a Mumbai court highlights the significance of considering a person’s physical capability to earn income when determining maintenance payments. Despite the husband’s claims of having no income, the court upheld the decision to provide interim maintenance to his estranged wife. This case serves as a reminder that financial responsibility should be assessed based on an individual’s ability to earn, rather than solely relying on their claims of financial hardship.