How can family court grant maintenance of Rs 12,000 for wife and child after seeing husband’s salary slip which shows he earns Rs 12,349 per month? The question was raised by the Bombay high court while hearing an appeal filed by Santosh (name changed) challenging the maintenance amount granted to wife and their child which totalled his entire salary.

According to Santosh’s appeal, he had filed his salary slip before the family court which showed his take home as Rs 12,349 per month. Despite that the family court granted maintenance of Rs 8,000 for the wife and Rs 4,000 for their child under the Hindu Marriage Act, 1955.

The family court also granted a divorce decree in favour of Santosh without hearing the wife’s argument. The HC also raised question as to how an ex parte (without hearing the other side) divorce was granted. “We have perused the impugned order (of divorce decree). Impugned order does not state as to how the summons was served on the respondent (wife), and therefore the trial court proceeded to pass ex parte decree of divorce in favour of the applicant (husband) herein and at the same time, trial court was also pleased to grant maintenance in favour of the wife and the children,” observed a division bench of justice VM Kanade and justice FM Reis. Disagreeing with the order of the family court, the HC has stayed the maintenance order, but directed Santosh to deposit Rs 25,000 in the court.The HC has also directed Santosh to deposit, within two weeks, Rs 5,000 towards cost, so that his wife can engage an advocate out of the said amount. The judges have warned that if Santosh fails to deposit Rs5,000 in two weeks then the appeal shall stand dismissed. The judges have also asked Santosh to file his salary certificate and an additional affidavit in his appeal.

While issuing notice to the wife, HC has set April 30 as the date for the hearing.