LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

An erning wife is entitled for maintenence or not

Page no : 2

avadhesh Paliwal   17 March 2021


Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 March 2021

You can ask maintenance for your baby only inspite of earning for you.

Advgyan   15 April 2021

As per 125 Cr.P.C If husband neglects or refuses to maintain wife and wife is unable to maintain herself then wife is entitled for maintenance. To know more please visit Advgyan Website.

ashok kumar singh (Advocate)     27 April 2021

yes, in your given facts, you should place application under section 125 of Cr.P.C.

Tisya Mishra   02 July 2021

Maintenance is often a heavy subject in almost all divorce cases as most of the women are, to some extent, are dependant on their spouse. Generally, this topic gets exploited by the partners, wives or husbands, in order to siphon some pressure on the other party.

Here, this woman was in a professional field, but now she has a kid, a job that she will now try to find with no security if she will get a job that can somehow fulfill her basic needs. We must keep in mind that there is a difference between “actually earning” and “capable to earn”. In Shalija & Ors. Vs. Khobbanna and Arun Vats Vs. Pallavi Sharama & Anr. , the hon’ble courts refused to reduce the maintenance amount because the mere qualifications without some sort convincing evidence to prove that the amount a woman earns, is sufficient enough to maintain herself.

But in this case, we have a woman, that has a kid and she still hasn’t found a job, and even if she does, the amount she will earn might not be sufficient enough for her, so raising the girl in a healthy environment with providing her with all the needs is more important.

The only reason the husband can refuse the wife her maintenance would be

  • she either deserted him without any reason
  • she earns way more and is well qualified with appropriate evidence
  • the husband does not earn and is extremely poor



R. Rohan (student )     30 July 2021

If, even after seperation, there is no way to meet the minimmum necessities, you can claim maintainance. Furthermore,, you can also claim maintainance for the baby boirn out of the wedlock. The provisions for the same has been laid down under Section 125 of the Cr.P.C. Cruelty being adequate ground to seperate onself from the matrimonial home, you can claim maintainance from your husband under section 125 of the Cr.P.C.

In a situation where you want to restart your carrier, Maintainance can still be claimed if you are unable to support yourself from your earnings. this stance was made overt in the Supreme Courts decision in the case of Bhagwan v. Kamla Devi (1975) 2 SCC 386 and Chaturbhuj v Sita Bai 2008. 

the amount of maintainance would be 1/4 th or 25% of the husband's net earnings as decided by the Supreme Court in the case of Dr. Kulbhushan Kumar vs. Raj Kumari ANR (1970) 3 SCC 129.



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Post a Suggestion for LCI Team
Post a Legal Query