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Maintenance Issue - Supreme court judgements copies


04-Jul-2026 (In Divorce Law)
My wife is a post graduate and working as a teacher. I filed a Divorce case in 2023 and then she filed a maintenance case in 2024 June soon after my retirement in June 2024. Now she stopped working to get maintenance. As per Supreme court previous judgements, wife can not be entitled for maintenance as she is a post graduate and can earn on her own. Kindly give me the guidance and earlier court judgements in this type of cases please.
Answers (3)

Answer #1
529 votes
You may contest the maintenance by producing evidence that your wife was employed, qualified, and voluntarily resigned. Courts examine actual earning capacity, bona fide unemployment, and financial circumstances of both spouses. Maintenance is not denied merely because she is educated, but deliberate unemployment can be a relevant factor supported by evidence.
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Advocate Ravindra Anjaneyulu

Adv. Ravindra Anjaneyulu

LawRato Anantapur | 5+ Answers
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Answer #2
665 votes
your wife did postgraduate and she is working as a teacher,.You filed Divorce case on your wife in the year 2023,After filing Divorce, she filed a maintenance case in court,In the year June 2024, As per supreme court guidelines,Even if your wife is working also,even if she is receing salary also, A wife capacity to earn does not automatically disqualify her from receiving maintenance.
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Advocate Chapala Srinivas

Adv. Chapala Srinivas

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Answer #3
693 votes
Mere educational qualification is not by itself a ground to deny maintenance. However, if you prove through cogent evidence that your wife was gainfully employed, voluntarily resigned after initiation of maintenance proceedings, and is deliberately remaining unemployed despite her earning capacity, the Court may take these circumstances into consideration while determining maintenance. Produce her employment records, salary details, resignation particulars, qualifications, and other relevant evidence. Every maintenance claim is decided on its own facts and evidence.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRatoGuntur | 400+ Answers
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