Interim maintenance reduces to Educated Wife in Supreme Court Reduces Interim Maintenance in Bhushan Kumar Meen Vs Mansi Meen.
The case involved Bhushan Kumar Meen, who challenged the order directing him to pay ₹10,000 per month as interim maintenance to his estranged wife, Mansi Meen, despite his net take-home salary being just ₹9,000, after deductions including a heavy home loan EMI of over ₹21,000.
Bhushan argued that the interim maintenance was more than his actual take-home salary and that his wife, being well-educated, was capable of earning and maintaining herself.
The wife, however, maintained that given the husband’s gross salary and her own current unemployment, the maintenance was justified.
“we cannot also shut our eyes to the fact that at present the respondent-wife is not employed or at least there is nothing on record to indicate she is employed in any gainful work. However, having regard to the qualifications that she possesses, there is no reason why she ought not to be in a position to also maintain herself in the future.”, SC observed
🏛️ The Supreme Court Held:
Recognizing the financial strain on the husband, the Court reduced the interim maintenance to ₹5,000 per month.
- It observed that while the wife was currently unemployed, her qualifications indicated that she could earn in the future.
- The Court emphasized that maintenance should be reasonable and within the paying capacity of the husband.
- It also allowed the recalculation of arrears based on the revised amount and gave the husband time to clear dues in installments.
Citation:
Bhushan Kumar Meen vs. Mansi Meen @ Harpreet Kaur, Criminal Appeal No. 879 of 2009, decided by the Supreme Court of India on April 28, 2009. Bench: Justice Altamas Kabir and Justice Cyriac Joseph.
