Is A Wife Liable To Pay Support To Her Sick Husband?
The Bombay High Court earlier this year maintained the ruling of a lower court ordering a woman to provide for her unemployed husband, who also has medical conditions. With maintenance of Rs. 10000 per month. The woman said that she had quit her position as branch manager at the bank.
Even though the woman included a 2019 resignation letter to bolster her unemployment claim, the court maintained the ruling.
The lower court determined that the lady was taking care of their minor child’s bills in addition to paying off her home loan. She needs to reveal where the money for the expenses was coming from.
Thus, it is evident that she continued to make money and have a source of income even after she resigned from the bank, according to what the lower court in Kalyan had said.
In 2016, the husband entered a plea for divorce. They each submitted applications to each other asking for reciprocal interim maintenance.
Although the woman’s application was denied by the lower court, the husband’s application to have his wife pay him Rs. 10000 was accepted. The husband claimed that his wife was making approximately Rs. 65,000 per month at the bank.
In the High Court, the wife contested the order. Judge Sharmila Deshmukh of the High Court observed that the woman’s attorney did not contest the fact that the woman is currently employed.
The Bench observed that the woman had not submitted any documentation of her income before the trial court.
Justice Deshmukh pointed out that if the woman claimed she was responsible for paying some bills, she had to document it so the trial court could determine how much maintenance should be paid to the husband.
The Bench went on to say that when interim maintenance is granted in the absence of any supporting evidence, there is some degree of speculation involved, and the trial court determines the amount of maintenance by taking the parties’ income into account.
The Bench concluded by saying that even if it is assumed that the wife must pay for certain expenditures, it was her responsibility to provide the trial court with the required documentation.
Because it could determine the appropriate amount of maintenance to be awarded. Sadly, nothing similar has been done in this instance.
