Bombay High Court Enhances Interim Maintenance for Divorced Wife to Rs. 3.5 Lakhs Per Month

Court finds husband guilty of financial suppression and misrepresentation, emphasizes maintaining wife's standard of living post-divorce.

In a significant ruling, the Bombay High Court has enhanced the interim maintenance for Purvi Mukesh Gada, a divorced wife, from Rs. 50,000 to Rs. 3.5 lakhs per month. The court's decision came after it found that her ex-husband, Mukesh Popatlal Gada, had misrepresented his financial situation and suppressed material facts regarding his wealth and lifestyle.

The court noted that Mukesh's claims of financial inability were contradicted by evidence of his lavish lifestyle and substantial business interests. Despite presenting an annual income of merely Rs. 6 lakhs in his tax returns, Mukesh was found to live extravagantly, which included hosting luxurious parties and owning properties valued in crores. The judgment pointed out that Mukesh's financial declarations were inconsistent and lacked credibility.

The bench, comprising Justices B.P. Colabawalla and Somasekhar Sundaresan, emphasized that the maintenance should reflect the standard of living that Purvi experienced during their 16-year marriage. The court criticized Mukesh for failing to honor his maintenance obligations and for attempting to evade financial responsibilities by depicting a diminished picture of his financial strength.

Purvi had sought an enhancement of maintenance to Rs. 5 lakhs per month to cover her living expenses and the upbringing of their daughter. The court acknowledged Purvi's struggle to maintain her and her daughter's dignity and standard of living post-separation. It highlighted that the financial strength of the Gada family, which includes extensive real estate and financial services businesses, was not accurately represented in Mukesh's submissions to the court.

The court also addressed the applicability of the Hindu Marriage Act, 1955, over the Hindu Adoption and Maintenance Act, 1956, emphasizing that welfare legislation should prioritize the well-being of the dependents.

In conclusion, the court ordered Mukesh to deposit the enhanced maintenance amount into Purvi's bank account within a stipulated period, ensuring that she receives the support necessary to uphold her standard of living and provide for her daughter's education and upbringing.

Bottom Line:

Maintenance under Hindu Marriage Act, 1955 - Interim maintenance enhanced considering the standard of living during 16 years of matrimony - Husband's claims of financial inability rejected due to material suppression and misrepresentation of financial strength.

Statutory provision(s): Hindu Marriage Act, 1955 Sections 24, 25

Purvi Mukesh Gada v. Mukesh Popatlal Gada, (Bombay)(DB) : Law Finder Doc Id # 2806223