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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. 

 
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Advocate

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.
 
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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

 
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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


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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? 

 
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LEGAL

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
 
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Retired employee.

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.

 
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Adv P & H High Court Chandigarh

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.


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Which guide Sir?

 

 
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Lawyer

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


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