Can an earning Wife claim Maintenance? क्या कमाऊ पत्नी भरण-पोषण का दावा कर सकती है? I کیا کمانے والی بیوی مینٹیننس کا دعویٰ کر سکتی ہے؟

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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