'Maintenance To Estranged Wife Must Be Reasonable, Shouldn't Encourage Idleness': Gujarat HC

The family court had earlier ruled to double the previously fixed maintenance amount to the estranged wife, increasing the total maintenance from Rs 6,500 per month to Rs 14,000 per month.

Estranged Wife's Maintenance Edited by
'Maintenance To Estranged Wife Must Be Reasonable, Shouldn't Encourage Idleness': Gujarat HC

'Maintenance To Estranged Wife Must Be Reasonable, Shouldn't Encourage Idleness': Gujarat HC

Ahmedabad, Gujarat: The Gujarat High Court recently observed that the maintenance granted to the estranged wife should be reasonable and proportionate to the paying spouse’s income and responsibilities.

The court, while hearing a husband’s plea challenging a family court’s decision to double the maintenance, said though the amount can be increased due to rising costs and changing circumstances, it should not encourage the concerned woman to remain idle.

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The family court had earlier ruled to double the previously fixed maintenance amount to the estranged wife, increasing the total maintenance from Rs 6,500 per month to Rs 14,000 per month, noting that the husband’s monthly income had increased from about Rs 20,000 to approximately Rs 25,900.

The husband challenged the family court verdict, approaching the High Court. The High Court observed that the courts must consider the financial capacity of the paying spouse and the needs of the dependents while fixing the maintenance amount.

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“Maintenance should allow the wife to maintain a reasonable standard of living but should not be excessive or encourage idleness. The amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of spouse to pay maintenance,” the court stated in its order.