NAGPUR: Observing that an educated wife cannot be denied maintenance merely because she possesses professional qualifications, the Nagpur Bench of Bombay high court recently enhanced monthly maintenance payable to a woman and her minor son from 11,000 to 20,000.Justice MM Nerlikar dismissed a criminal revision petition filed by a man from Coimbatore in Tamil Nadu challenging the Nagpur family court’s maintenance order. The court increased the wife’s maintenance from 6,000 to 11,000 per month, and the son’s from 5,000 to 9,000.
No proof she works at another inst
The husband, an assistant professor, argued his wife, who holds a master’s degree in computer applications (MCA), resigned from her teaching job in 2016 solely to claim maintenance. He alleged she concealed her employment, was subsequently working at another engineering college.The HC, however, found the husband failed to substantiate these claims. It noted documentary evidence established the wife resigned from a Nagpur-based engineering college on March 30, 2016, citing health issues, and there was no proof that she deliberately quit to seek maintenance.Rejecting allegation the city-based wife was employed elsewhere, the court observed a communication from another engineering college clarified, though her name reflected in a faculty list, ‘the institute never appointed her to post of assistant professor.’The court further noted that the wife produced documentary evidence showing she applied for several govt and public sector jobs after leaving service. “The evidence demonstrates that she’s trying hard to obtain employment, but despite reasonable experience, she was unsuccessful. Therefore, when suitable employment is not available, it would be difficult to conclude that she is intentionally remaining unemployed,” Justice Nerlikar observed.While referring to earlier judgments that an educated wife should not remain idle, the court said those rulings supported the wife’s case because she continuously attempted to secure employment.
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Court also took note of the husband’s financial capacity, observing he earns more than 60,000 a month as an assistant professor and salary records on file pertained only to 2023, making it ‘but natural’ that his income would have increased thereafter.Calling the family court’s award inadequate, the judge observed, “In today’s economy, raising a child is a costly affair. Day-to-day expenses for raising a child encompass recurring costs like groceries, clothing, healthcare, education and transportation.”The judge also recorded the husband was in arrears of nearly 7 lakh towards maintenance. It remarked the outstanding dues themselves ‘could have been a ground to dismiss the revision filed by the husband,’ though it decided the matter on merits.
