Bombay High Court Affirms Wife’s Right to Maintenance Under Hindu Marriage Act, Even While Living in Matrimonial Home
Court Dismisses Husband’s Challenge, Says Maintenance Ensures Fair Support
Judges Stress That Residence in Marital Home Does Not Cancel Financial Entitlement
By Our Legal Correspondent
New Delhi: November 19, 2025:
In a significant ruling, the Bombay High Court has reaffirmed that a wife is entitled to maintenance under the Hindu Marriage Act, 1955, even if she continues to reside in her matrimonial home. The decision came in the case of A v. B (2025BHC-AS47883), where the husband had challenged the interim maintenance awarded by the Family Court.
The Court’s judgment strengthens the principle that maintenance is not merely about shelter but about ensuring financial dignity, sustenance, and fairness in matrimonial disputes.
Background of the Case
The couple married in 2012 and had a son. Due to marital discord, they separated in 2021. The wife sought maintenance under Section 24 of the Hindu Marriage Act, which allows either spouse to claim financial support during the pendency of matrimonial proceedings.
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The Family Court directed the husband to pay ₹15,000 per month to his wife and ₹10,000 per month for their minor son’s expenses. The husband challenged this order, arguing that since the wife continued to live in the matrimonial home, she was not entitled to maintenance.
Court’s Observations
- Residence does not equal financial independence: Simply living in the matrimonial home does not mean the wife’s financial needs are met.
- Maintenance ensures dignity: Maintenance is meant to provide reasonable support, not just shelter.
- Child’s welfare is paramount: The Court emphasized that the minor son’s needs must be adequately met.
- Interim maintenance is necessary: Until final adjudication, interim maintenance ensures that the wife and child are not left in financial hardship.
Justice Neela Gokhale noted that maintenance is not punitive but protective, ensuring that women are not pushed into penury during matrimonial disputes.
Legal Principles Involved
The ruling draws upon established principles under the Hindu Marriage Act, 1955 and Section 125 of the Code of Criminal Procedure (CrPC):
- Section 24, Hindu Marriage Act: Provides for maintenance pendente lite (during proceedings) and litigation expenses.
- Section 125, CrPC: Ensures that wives, children, and parents are not left destitute.
- Supreme Court Precedents: In Pravin Kumar Jain v. Anju Jain, the Supreme Court clarified that maintenance must reflect the standard of living enjoyed during marriage.
The Bombay High Court applied these principles to conclude that financial support is essential even if the wife resides in the marital home.
Wider Implications
This ruling has broad implications for matrimonial law in India:
- Strengthens women’s rights: It reinforces that maintenance is a right, not a charity.
- Clarifies legal confusion: Many husbands argue that residence in the matrimonial home cancels maintenance claims. This judgment clarifies that it does not.
- Protects children: By affirming maintenance for the minor son, the Court ensures that children are not victims of marital disputes.
- Guides Family Courts: The ruling sets a precedent for lower courts to grant maintenance fairly and without delay.
Expert Opinions
- “The Court has rightly emphasized that maintenance is about dignity, not just shelter.”
- “This ruling will prevent misuse of the argument that residence in the marital home cancels financial support.”
- “It is a progressive step toward ensuring fairness in matrimonial disputes.”
Women’s rights activists also hailed the decision, noting that it strengthens the financial security of women and children during litigation.
Conclusion
The Bombay High Court’s ruling in A v. B is a landmark judgment in matrimonial law. By affirming that a wife is entitled to maintenance even while residing in her matrimonial home, the Court has upheld the principles of fairness, dignity, and protection enshrined in the Hindu Marriage Act.
This decision is not just about one family—it sets a precedent that will guide courts across India, ensuring that women and children are not left financially vulnerable during matrimonial disputes.
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