Landmark Judgment: No Alimony to professionally qualified wife

Maintenance is financial support that a woman or man can claim from

her husband/wife after separation or divorce. However, maintenance
can be claimed not just by a married or divorced woman, but also by
the children and parents of a married man who are unable to maintain
themselves. Due to the presence of different religions in India,
marriage, divorce and maintenance are governed by their own
personal laws.

Hindus: The Hindu Marriage Act, 1955(2), and the Hindu Adoption and
Maintenance Act, 1956, give women the right to claim maintenance.

Muslims: Under the Muslim Women (Protection of Rights on Divorce)

Act, 1986, the wife has to be paid maintenance in the iddat period

Parsi: Under Parsi Marriage and Divorce Act, 1936 either Parsi wife or
husband is entitled to claim expenses where the proceeding is pending
under the Act.

Christian: Under Section 36 of Divorce Act, 1869 which applies to

persons professing Christian religion, a wife is entitled to expenses of
proceeding under the Act and maintenance while the suit is pending.

Secular Law: Interim maintenance may also be claimed under

Section 125 CrPC by any wife during the pendency of proceeding for
regarding monthly allowance for maintenance under Section 125(1)
CrPC.

Apex Court has held in various judgments that in order to get

maintenance, applicant must prove that "Inability to maintain herself is
the pre-condition for grant of maintenance to the wife. The wife must
positively aver and prove that she is unable to maintain herself, in
addition to the fact that her husband has sufficient means to maintain
her and that he has neglected to maintain her.”

Is an earning wife entitled to maintenance?

Apex Court in Rosy Jacob v. Jacob A. Chakramakkal, (1973) 1 SCC

840 held that wife having a school of her own and possessing wet
lands is in a better financial position than husband who is not doing
well in his profession and has no land. Hence, it is unnecessary to pay
any maintenance to the wife.

Apex Court in SLP (c) No. 16051 of 2017 KUSUM BHATIA vs

SAGAR SETHI on 16.09.2019 has declined to award any
maintenance to wife who was working with sufficient salary, however, it
awarded maintenance to the daughter.
Delhi High Court in MAT. APP.(F.C.) No. 143 of 2014. D/d. 5.9.2016
Rupali Gupta vs Versus Rajat Gupta held that so far as refusal to
award interim maintenance to the appellant/wife is concerned, we
concurred with the finding of learned Judge Family Court. The
appellant/wife who is a qualified Chartered Accountant and in
profession since the year 2003 need not be granted interim
maintenance under Section 24 of the Hindu Marriage Act

Karnataka High Court in Sandhya K. v. A. Manohar, WP No. 8216 of

2018 (GM-FC), decided on 8.3.2018 found that even the petitioner was
a highly qualified lady being a software engineer. And this fact was
properly considered by the court below while appreciating the
evidence and passing the impugned order. After considering this fact
the trial court passed the order of maintenance for the wife as well as
their son. The High Court was of the view that a highly qualified wife is
capable of maintaining herself as well as the child. Therefore, the High
Court did not find any error with the order passed by the trial court and
accordingly, the petition was dismissed.

Delhi High Court in Damanpreet Kaur Vs. Indermeet Juneja, the

interim maintenance was declined to the wife as she was well
educated lady and even after marriage was earning ₹50,000/- per
month but after separation, had chosen not to work of her own will
though had the capacity to work.

Madhya Pradesh High Court in Smt.Mamta Jaiswal vs. Rajesh

Jaiswal 2000(3) MPLJ 100, while dealing with identical situation
observed that well qualified spouses desirous of remaining idle, not
making efforts for the purpose of finding out a source of livelihood,
have to be discouraged, if the society wants to progress. Wife’s
income to be accounted for determining maintenance

Apex Court in Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386 held
that wife’s income has to be taken into account while determining the
amount of maintenance payable to her. It is not an absolute right of a
neglected wife to get maintenance nor it is an absolute liability of
husband to support her in all the circumstances.

In short, depending upon the facts and circumstances of each case, a

wife whether divorced or separated and who is capable of working and
sustain herself is not entitled for maintenance from her husband and
so far as the amount of such interim maintenance is concerned, the
paying capacity of the husband is required to be looked into.