Bombay High Court: Maintenance Based on Needs, Not Fixed Percentage of Husband's Income
India
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CNBC Awaaz•17-01-2026, 08:08
Bombay High Court: Maintenance Based on Needs, Not Fixed Percentage of Husband's Income
- •Bombay High Court rules maintenance for wife and children should be based on their needs and standard of living during marriage, not a fixed percentage of husband's income.
- •The court upheld Bandra Family Court's order, clarifying that the husband must pay 50,000 rupees per month to his wife and each of his two daughters, totaling 1.5 lakh rupees monthly.
- •The wife, a homemaker with no income, argued her husband, from an affluent family with properties and an export business, had understated his income.
- •The High Court emphasized that there's no fixed mathematical formula for maintenance; it depends on needs, education, health, lifestyle, and husband's financial capacity.
- •Maintenance is payable from the date of application, with any prior payments adjusted against arrears, citing the Supreme Court's Rajnesh vs. Neha decision.
Why It Matters: Maintenance amount will be determined by the wife and children's needs and lifestyle, not just the husband's income.
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