Mumbai: In an order that will set a precedent for estranged women subsisting on maintenance from the husband, the metropolitan magistrate court, Kurla has held that a wife has a right to claim increase in maintenance amount if the husband’s income has increased.
The magistrate at the 45th metropolitan magistrate’s court at Kurla while hearing a domestic violence case directed the husband to double the amount he was paying to his wife and minor son from Rs 4,000 to Rs 8,000.
This is because his salary had increased from Rs 15,000 to Rs 30,000 since the order for paying maintenance was passed by the family court.
The court was hearing an application under section 25 (2) of Protection of Women from Domestic Violence Act filed by Samita Parab against her husband Rajesh Parab, who is working with a private firm.
The application had stated that since 2010, Ms Parab had been living along with her minor son on a maintenance amount of Rs 4,000.
However, as Ms Parab’s son had grown since then and was now studying in Class 7 coupled with the rising cost of living, the amount was insufficient, she wanted the maintenance amount to be increased to Rs 22,000.
The application further stated that as Mr Rajesh Parab had got promoted and his salary had increased to Rs 50,000, the demand was legitimate.
However the advocate for Mr Rajesh Parab argued that his client’s salary had increased to Rs 30,000, from which he got only Rs 10,000 in hand. As he was looking after his aged parents it was not possible to increase the maintenance amount, he said.
After hearing both sides and going through the salary slip of the husband, the magistrate said that as Mr Rajesh Parab’s salary had increased and he took home Rs 30,000, the maintenance amount he paid should be enhanced. The magistrate S.B. Munde in his order said, “I am of the opinion that the maintenance allowance to the applicant and her son needs to be enhanced to Rs 8,000 per month from Rs 4,000 per month. The applicants are entitled to get such enhanced amount of maintenance from the date of the filing of this application.”