In Ratheesh Chandran v. Rema Devi S [2025:KER:91285], the Kerala High Court declared that a highly qualified wife, who is not employed, cannot be denied maintenance on the ground that she has the capacity to earn based on her qualifications.
This means a highly qualified jobless wife is entitled to receive maintenance despite having the potential to earn, but until she secures sufficient means to support herself.
The wife need not be destitute to claim maintenance; she must only be “unable to maintain herself.” This means the court must examine her actual inability to sustain herself rather than her potential earning capacity.
A separated wife for a valid cause can claim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Regarding the quantum of maintenance, the wife is entitled to maintenance to live with the same standard of living she enjoyed while living with her husband.
