Equality cannot be selective, both spouses must share expenses: Bombay HC

Mumbai: The Bombay High Court has reduced the monthly maintenance amount payable by a man to his estranged wife and minor son, observing that both earning partners must contribute towards household expenses and a child's education if they wish to maintain a particular standard of living.

A single bench of Justice M M Sathaye set aside a January 2025 family court order that directed the man to pay Rs 50,000 per month as maintenance and reduced the amount to Rs 25,000.

The court noted that the man was paying equated monthly instalments (EMIs) for two houses — one in Mumbai's Andheri area where his wife and son reside, and another in Panvel, Navi Mumbai. The man himself was living in Bihar.

The husband had argued that he was facing financial difficulties after losing his job during the COVID-19 pandemic and was currently earning a lower salary. He sought a reduction in maintenance from Rs 50,000 to Rs 25,000.

He had also requested his wife either move to Bihar to live with him or shift to the Panvel house so that he could sell the Andheri property and reduce his financial burden. The wife declined the request.

The High Court observed that the husband's request could not be faulted, noting that if the wife wanted to continue living in a premium location without contributing towards the housing costs, the husband could raise the EMI burden as a reason for seeking reduced maintenance.

"Equality cannot be claimed selectively and certainly not when both parties are earning. If lifestyle is to be maintained, then both parties must contribute," the court observed.

The bench further stated that when both husband and wife are earning and want their child to receive quality education, both should share the responsibility of meeting those expenses.

The court also took note of the financial impact of the COVID-19 pandemic on employment and businesses, accepting the husband's explanation for his reduced income while deciding the revised maintenance amount.