In a sharp observation, the Madhya Pradesh High Court compared a woman's plea for interim maintenance to the famous ‘pound of flesh’ demand from William Shakespeare's ‘The Merchant of Venice’, saying the request appeared to be an attempt to extract money from her husband despite her own strong financial position.
Justice Vivek Jain, hearing the matter, remarked that the application seeking interim maintenance and litigation expenses was ‘nothing but an attempt to extort a pound of flesh’ from the husband and could not be entertained.
The court was hearing a petition filed by a woman challenging a Family Court order that had rejected her request for interim maintenance and litigation expenses during pending divorce proceedings. The woman claimed that her income had decreased and that she should be granted financial assistance.
During the hearing, the High Court noted that the woman herself was employed and earned more than Rs 1 lakh per month. The court stated that even if her current annual income was taken to be Rs 14.81 lakh, she still earned approximately Rs 1.25 lakh per month and was fully capable of supporting herself.
The court also observed that there was no indication that the couple had any children, and neither of them experienced an income discrepancy between husband and wife, resulting in financial dependency.
The court said that the aim of the maintenance is only to support the dependent spouse, and there is no need for additional benefit to the spouse who is in an equal financial position.
With these observations, the High Court dismissed the woman's petition and upheld the Family Court's order refusing interim maintenance and litigation expenses.