Wife holds Some Job is no Ground to Deny her Maintenance: HC
Wife deserves maintenance even if employed
The Kerala High Court says, in Jayaprakash E P v Sheney P & Connected Case [2025:KER:5702], that even if the wife holds a temporary job and earns some income, it does not disentitle her from claiming maintenance from her husband, provided she claims that her income is insufficient for her maintenance.
Husband gets 9 lakh per month in this case
The wife argued that the husband was a Captain in the Navy and was earning nine lakh rupees every month. She submitted that she is not a permanent worker and was employed only on contract basis.
Unmarried daughter also will get maintenance
Ina addition, the wife argued on behalf of her eldest daughter that the unmarried daughter, even though she attained majority, is entitled to claim maintenance, under Section 20 (1) of the Hindu Adoptions and Maintenance Act, till she gets married.
HC relies on SC judgements
Relying on some Supreme Court (SC) decisions such as Chaturbhuj v Sita Bai [(2008) 2 SCC 316], Sunita Kachwaha v Anil Kachwaha [(2014) 16 SCC 715] etc, the High Court stated that even if the wife has the ability to earn or is already earning, it does not prevent her from seeking maintenance from her husband.
The test is whether wife can maintain as before
The High Court stated that the test is whether the wife is able to maintain herself more or less in the status in which her husband has maintained her.
The wife is entitled to live the same standard of life as she lived along with the husband.
Able bodied husband must maintain his wife
The High Court states that an able-bodied husband must be presumed to be capable of earning enough to support his family unless he can prove genuine inability with concrete evidence.
The onus is on the husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his control.
In conclusion
In short, what the High Court says is that the wife’s temporary job, even if it provides some income, would not disentitle her to claim maintenance from her husband if she asserts that the said income is insufficient for her maintenance.
Reference
- Jayaprakash E P v Sheney P & Connected Case [2025: KER:5702]
- Chaturbhuj v Sita Bai [(2008) 2 SCC 316]
- Sunita Kachwaha v Anil Kachwaha [(2014) 16 SCC 715]
