Bombay HC: Wife is entitled to Maintenance even if she has her own business

Mr.Sanjay Damodar Kale,
vs Ms.Kalyani Sanjay Kale and
The State of Maharashtra, Respondent

The application was filed under section 125 of the Criminal Procedure Code for award of maintenance of RS 50,000 per month. Respondent resisted the claim and filed a complaint under section 12(1) (a) and section 13 (1) (ia) of Hindu Marriage Act, 1955.
Respondent also said that the petioner has a beauty parlour in the name of ‘Kalyani Beauty Parlor’, so she is financially independent.

The High Court said, “in this era of inflationary economy, where the prices of commodities and services are increasing day by day, the income from the divorcee-wife business of beauty parlour, which has an element of seasonality, may not be sufficient to support the her livelihood and afford her to maintain the same standard of living to which she was accustomed to when she was resigning with her husband before the marital tie was situated by the decree of divorce by mutual consent”.

Wife is entitled to Maintenance even if she has her own business, stating this the court concluded that Rs 12000/- per month will be a reasonable amount to be paid to wife, as the income from parlour is insufficient for the wife.

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