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Case Background — Separation, Abuse Allegations and Maintenance Proceedings The case arose out of matrimonial conflict between a couple married in January 2014, who had three minor children — two daughters and a son. Following allegations of physical, emotional and economic abuse, the wife separated and initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 seeking maintenance for the children. In December 2023, the trial court directed the father to pay ₹30,000 per month as maintenance toward the three minor children until: the domestic violence case concluded, or the children attained majority. The father challenged the order before the Sessions Court, which dismissed his appeal in March 2024. He then approached the Delhi High Court, asserting financial incapacity and inequity in the award. Husband’s Argument — Wife Earns More, Maintenance Burden Should Be Reduced Before the High Court, the husband argued that: his monthly income was only ₹9,000 , his ...

Introduction: The Supreme Court’s Remark Sparks Debate The Supreme Court of India recently made headlines while hearing a petition filed by Hasin Jahan, the estranged wife of Indian cricketer Mohammad Shami, challenging the Calcutta High Court’s order granting her ₹4 lakh as monthly maintenance. The bench of Justices Manoj Misra and Ujjal Bhuyan, while issuing notice to Shami, observed that ₹4 lakh per month appeared to be “quite reasonable.” The remark has stirred public debate on the concept of maintenance under Indian law — how courts determine what is “reasonable,” and how such determinations balance lifestyle disparities between spouses. Background: Calcutta High Court’s Interim Maintenance Order The Calcutta High Court’s July 1 order fixed ₹1.5 lakh as monthly maintenance for Hasin Jahan and ₹2.5 lakh for the couple’s daughter, totaling ₹4 lakh. The division bench of the High Court later upheld this order on August 25, 2024. Before this, the trial court had ordered Shami ...