can i file maintenance if i am working myself

The Supreme Court of India has ruled that a woman is entitled to claim maintenance from her husband if her independent income or earnings as a single woman are insufficient to maintain the standard of living she was accustomed to whilst living with her husband.

A two-judge bench of the apex court, in a judgment passed, said that a deserted wife or divorced woman need not be reduced to a destitute state before filing for maintenance for herself and her children under Section 125 of the Criminal Procedure Code (CrPC). 

The Supreme Court added that there was a social purpose behind Section 125 of the Criminal Procedure Code, which entitles a divorced wife, minor children or old parents to claim maintenance from a husband, father or earning son, respectively. "Section 125 of the CrPC is a measure of social justice and is specially enacted to protect women and children. It gives effect to the fundamental rights and natural duties of a man to provide maintenance to his wife, children and parents when they are unable to maintain themselves," the bench said. "It is meant to achieve a social purpose."