'Equality Can't Be Selective': Bombay High Court Says Husband, Wife Must Share Household, Child's Education Costs

The Bombay High Court has observed that equality cannot be claimed selectively, ruling that both earning spouses are expected to contribute towards household liabilities and child education expenses to maintain a lifestyle. Passing the order, a single-judge bench of Justice M. M. Sathaye halved the interim monthly maintenance payable by a 41-year-old chartered accountant to his estranged wife from ₹50,000 to ₹25,000. Under the revised ruling, the family court's order requiring ₹50,000 per month was set aside after the bench noted that the wife was earning and residing in the couple's home without contributing to its monthly equated installments (EMIs).

The husband had moved the High Court challenging a January order of a Mumbai family court, which had directed him to pay ₹50,000 per month in maintenance along with arrears amounting to nearly ₹27 lakh dating back to October 2021. ‘Income Tax Exemption Linked to Marriage, Not S*x’: Centre Opposes Same-S*x Couple’s Plea.

The petitioner stated that he previously earned a higher income in Mumbai, paying around ₹1 lakh monthly in EMIs for two flats in Andheri and Panvel. However, after losing his job during the COVID-19 pandemic, his earnings declined, forcing him to move back to his home district in Madhya Pradesh. His estranged wife and 12-year-old son continued living in the Andheri residence while he bore the entire EMI cost.

While the family court had dismissed the husband's financial drop as unexplained, Justice Sathaye disagreed, pointing out that the pandemic caused wide-ranging disruptions to careers and businesses. The court remarked that if the wife expects the luxury of staying at a premium location like Andheri without paying EMIs from her own pocket, it cannot be expected from the husband paying the EMI not to plead it as a reason for seeking a reduction in maintenance.

The court noted that the 42-year-old wife holds an MBA degree and earns an income. Given that both parties are educated and gainfully employed, the bench held that financial responsibility must be mutual. It observed that equality cannot be claimed selectively, and if a lifestyle is to be maintained, both parties must contribute. 'Relationship of Wife and Husband Is Based on Trust and Respect': Jharkhand High Court Grants Divorce to Woman, Cites 'Character Assassination' by Husband.

Addressing child education, the court highlighted that decisions regarding school selection, location, and associated fees cannot be taken unilaterally by one parent when the other is expected to foot the bill. The bench stated that when both parents earn and desire quality education for their child, expenses and schooling decisions must be made with the consent of both stakeholders.

The High Court directed the husband to clear the revised maintenance arrears accrued since 2021 within 12 weeks. Recognizing the long-standing nature of the dispute, the bench also expedited the primary divorce and custody proceedings pending before the family court.

(The above story first appeared on LatestLY on Jul 28, 2026 03:28 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).