Bombay HC denies maintenance to US-based woman earning more than husband, cites AI job risk
The Bombay High Court has refused to grant interim maintenance to a woman living in New Jersey, noting that she earns more than her husband and that his IT job could face uncertainty amid increasing competition and the growing use of artificial intelligence.
The woman, who has been living in the United States since 2011, earns around Rs 8 lakh a month, or $8,700, from her job with New Jersey-based Mark Infotech Inc. Her husband also works in the IT sector.
A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande dismissed her plea seeking interim maintenance of Rs 1 lakh per month.
‘Higher cost of living abroad not enough’
The court observed that the higher cost of living in the US, by itself, cannot be a sufficient reason for awarding interim maintenance, particularly when the woman is a qualified professional with a substantial independent income.
The woman had argued that despite earning a steady salary, her income was insufficient to maintain the lifestyle she had enjoyed during the marriage, especially given the higher cost of living in the US.
The High Court, however, considered the financial circumstances of both spouses before rejecting her interim claim.
Husband’s IT job faces AI-driven uncertainty
The court also took note of the husband's employment situation.
While he too works in the IT sector, the court observed that increasing competition and automation driven by AI could put his job at risk.
Reports on the judgment said the husband has a non-technical background and has only basic SAP training.
The court's observation came in the context of assessing his earning capacity and financial position vis-à-vis the wife's substantially higher income.
Family Court had earlier rejected maintenance plea
The woman had initially approached a family court seeking interim maintenance. Her application was rejected, although the court directed her husband to pay Rs 25,000 towards litigation expenses.
The family court also dealt with the custody of the couple's two children. The elder child remains in the father's custody, while the younger child is with the mother.
The woman subsequently challenged the family court's order before the Bombay High Court.
Court dismisses plea for Rs 1 lakh monthly maintenance
The High Court ultimately declined to award the woman the Rs 1 lakh monthly interim maintenance she had sought.
The ruling highlights that maintenance claims cannot be determined solely by differences in the cost of living between India and the US.
The court also considered the wife's own earnings and the husband's employment prospects while assessing the claim.
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