The couple, married in 2016, had relocated to the UK for the husband’s job. Following allegations of domestic violence, the wife was hospitalized in the UK and later brought back to Mumbai by her family
Bombay High Court Upholds Higher Maintenance for Bedridden Wife
In a recent ruling, the Bombay High Court directed a Non-Resident Indian (NRI) husband to pay interim maintenance of Rs. 120,000 to his wife, who is in a vegetative state. Initially, the trial court had awarded this amount, but it was subsequently reduced to Rs. 25,000 by the appellate court without any clear justification.
Justice Sharmila Deshmukh, sitting as a single-judge bench, heard the wife’s appeal challenging the reduction of maintenance under the Domestic Violence Act. The couple, married in 2016, had relocated to the UK for the husband’s job. Following allegations of domestic violence, the wife was hospitalized in the UK and later brought back to Mumbai by her family.
The High Court criticized the appellate court’s decision, stating it was “completely bereft of any findings or reasoning” and emphasized that the appellate court could not reduce the maintenance amount after having refused to stay the proceedings initially
In response to the wife’s application for maintenance under the Domestic Violence Act, the metropolitan magistrate had awarded her Rs. 120,000 monthly, considering the husband’s income in the UK. The husband appealed this decision, and the appellate court reduced the maintenance to Rs. 25,000 without providing any reasons for this reduction.
The High Court noted that the appellate court had neither stayed the trial court’s order nor provided adequate reasoning for lowering the maintenance amount. The trial court’s order from July 30, 2022, therefore, remained in effect, entitling the wife to the original interim maintenance amount of Rs. 120,000 per month.
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