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akriti Mishra (student )     04 March 2020

Can earning wife claim maintenance

If wife has filed petition for restitution of conjugal rights under section 9 of HMA. Is she entitled to claim maintenace under section 125 of crpc whe she is earning enough to maintain herself. 



 15 Replies

Adv Shrikiran.B (Advocate)     04 March 2020

Yes your wife can file for maintenance. However, granting of maintenance by the court will depend upon your submissions, arguments and proof showing her earning status. As you said that your wife is earning and if you can prove the same along with relevant citations, her petition can be dismissed by the court.

Akshay   04 March 2020

Hi

Thank you for your question

If wife is earning enough money to maintain herself. Its upto the court who will take it into the consideration or not. According to SC , if wife is earning and running her livelihood properly after that she can also claim for maintenance.

Hope this will help you

Best regards,

Akshay Gupta

Joy Bose   05 March 2020

Hello, 

Yes, the wife can claim under section 125 CrPC. based on the judgments in cases like Bhagwan v. Kamla Devi and Chaturbhuj v Sita Bai, it is evident that she can claim maintenance even though she is earning. The SC of India, in this regard, has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression ‘Unable to maintain herself’ does not require a wife to be absolutely destitute before she can apply for maintenance.

The Delhi High Court has further clarified a few more matters like, for husband, being jobless does not work as an excuse for not paying maintenance. Indian law also makes provisions under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 for claiming interim maintenance expenses for proceedings even during the pendency of proceedings.

 

Regards,
Joy Bose

1 Like

akriti Mishra (student )     05 March 2020

Hi. Thank you for your reply.

what if she is earning enough to maintain herself and live with dignity and respect and not just earning for sustainance? and there are no responsibilites of any dependants or child to be maintained. Can the husband still be forced to pay maintenance? 

Real Soul.... (LEGAL)     05 March 2020

Just you need to prove t in the court that she has enough means and income to maintain herself and she will not be granted  maintenanace; 

Section 125 cr P c states;

 
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or

G.L.N. Prasad (Retired employee.)     05 March 2020

The judgment depends on the moods/facts of the Court and it is not possible to guide on an issue which is already in a court as the final decision is at the discretion of learned Judge.   You can only press for your arguments and state that she is having an independent income to support herself etc.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 March 2020

Maintenance to wife is a complicated aspect of divorce in India. Often, divorcing couples are confused about the concept of maintenance and find themselves in peril when dealing with a maintenance petition comes into the picture. Usually, a wife is entitled to claim maintenance from her husband before, during and after the divorce, but there are certain cases when the wife is disqualified from claiming maintenance.

 

Maintenance is defined as the basic financial support to wife by the husband when she is unable to maintain and provide food, clothing, and shelter to herself and her children. Under the Indian laws, a husband is liable to pay maintenance to his wife not only after the divorce but also before the divorce and during the divorce proceedings.

The court considers various factors when determining the husband’s liability and amount of maintenance to be paid to the wife such as the husband’s income, the wife’s income, husband’s dependants, and the laws applicable over them.

Under the different Indian laws, a wife gets disqualified and becomes unentitled to claim maintenance from her husband in certain cases. This guide lays down the instances wherein the wife is not entitled to claim maintenance from her husband.

1 Like

akriti Mishra (student )     05 March 2020

Which guide Sir?

 

Dr J C Vashista (Lawyer)     06 March 2020

There are conflicting judgments delivered by Supreme Court and various High Courts on maintenance of earning wife. 

25% of salary of husband has been granted in a CIVIL APPEAL NO. 5369 OF 2017 (Arising out of SLP(C) No. 34653 of 2016)
KALYAN DEY CHOWDHURY  Versus RITA DEY CHOWDHURY NEE NANDY

In a recent case, the High Court of Kerala while deciding maintenance case under Section 125 of CrPC has succinctly stated that even if the wife was earning some amount that may not be a reason to reject her application for maintenance outright. in the case titled Alphonsa Joseph v. Anand Joseph

1 Like

akriti Mishra (student )     06 March 2020

Will the judgment of Delhi or other HC be binding on lower court of any other state in India?

RAJA...... (Unemployed)     08 March 2020

My wife filed false 498(a) & 3,4 DP act on me & parents in june2018.since living separately.. In Feb 2020 she filed DV Sec 12 claiming for maintenance (along with property,gold ,bike ,laptop Worth 75 lakhs)for loss & damage of her health and property etc... - we are not divorced yet, --she is working for the last 5yrs --i don't have a job even before she filed 498a --i don't have kids

Dr J C Vashista (Lawyer)     15 March 2020

Akriti Mishra,

As a student you should seek guidance of your tutor, this platform is meant for needy litigants and not for coaching, even then you have been provided more than adequate material.

estranged wife (Housewife)     14 September 2020

There is supreme court judgement minakshi gaur versus chitranjan gaur cri app 1080 of 2008 ...maintenance even to working wife and vipul lakhanpul versus Pooja Sharma cri revision 369 of 2014 himachal pradesh highcourt...maintenance to working wife..here wife was earning yet maintenance granted.."wife is entitled to lead a life in the similar manner as she would have lived in the house of her husband-she cannot be compelled to become a beggar"

NK   23 November 2020

Dear Law Experts,

I have sent divorce notice to my wife and soon case will be filed , My Wife is earning 46000 Per month working with a MNC since last 8 years in Noida (UP), She has one unmarried younger sister and  one unmarried brother both are also earning and mom . If my wife files for maintenance under section 125 CrPC , what are possibilities of granting her application by court and on what options i have to get her application rejected. I am also working with an MNC and earning 50K+. Thanks in advance.


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