Maintenance
is the right of every legally wedded wife, and even a divorced wife or the wife
living separately can claim maintenance from her husband, and husband cannot
deny paying maintenance on the ground that she is earning unless she earns more
than her husband.
Under Indian law, maintenance is meant
to ensure that the wife maintains the same standard of living that she enjoyed
during the marriage.
Maintenance is provided if
wife does not have adequate means to take care of the basic needs of life. She
can approach the Family Court for claiming maintenance from her husband, and
the Court under the guidelines of provisions of the Laws fixed the amount of
Maintenance.
The Court may award
maintenance after taking into consideration the following factors:
👉Actual
need of the claimant
👉Ability
to pay of the Respondent
👉The
duration of Marriage
👉Age of
the parties
👉The
physical health of the parties
👉The
earning capacities and properties of the parties
👉Standard
of living of the parties
👉The
education of the parties
👉The
employability of the parties
👉The
custodial responsibilities for children of the party
👉The
opportunity for future acquisitions of capital assets and income
👉Care and
education of the children
Out of these, the Court may consider the following factors when deciding maintenance:
1. Income of both
parties:
If the wife is earning, the court will assess whether her income is sufficient
to maintain herself in a manner similar to her standard of living during the
marriage. If her earnings are insufficient, she may still be entitled to
maintenance.
2. Financial status of
the husband:
The husband’s income and financial capabilities are taken into account. Even if
the wife earns, the husband's higher income could result in him being required
to pay maintenance.
3. Living standard: The Court will
evaluate whether the wife's current earnings are enough to maintain a similar
standard of living as that of her husband.
4. Dependents: If the wife has
children or other dependents, the Court will consider the cost of maintaining
them.
Legal Provisions to claim maintenance :
1. Section 24 and 25 of the Hindu Marriage Act, 1955: These provisions allow a wife to claim maintenance pendente lite (interim maintenance) and permanent alimony, regardless of her income, if the court deems it necessary.
2. Section 125 of the Criminal Procedure Code (CrPC), 1973: This section allows the wife to claim maintenance if she is unable to maintain herself adequately, even if she earns, provided her earnings are insufficient.
Court Judgements:
The Supreme Court of India in the matter of Chaturbhuj Versus Sita Bai (2008)2 SSC 316, 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.
Further in the matter of
Sunita Kachwaha & Others Versus Anil Kachwaha (2014) 16 SCC 715 Supreme
Court of India declared that merely because the wife is earning some money
doesn’t debar her to claim maintenance from her husband.
Similarly, in the matter of Shailja & another Versus Khobbanna (2018) 12 SCC 199, the Supreme Court of India held that whether the wife is capable of earning or whether she is actually earning are two different requirements, and qualification of the wife and the capacity to earn cannot be a ground to deny interim maintenance to a wife who is dependent and does not have any source of income.
By virtue of the above decisions of the Supreme Court of India, it is clear that even a wife is earning or even a working lady is entitled to claim maintenance from her husband, if her income is not sufficient to maintain her.
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