Do I need to pay maintenance to educated wife

139 votes

Maintenance is financial support that a woman / man can claim from husband / wife after their divorce or separation has happened. Maintenance can be claimed by a married / divorced woman and also by the children and parents of a married man who are incapable of maintaining themselves. 

The right to claim maintenance is given to women by the Hindu Adoption and Maintenance Act, 1956 and the Hindu Marriage Act, 1955(2).

It is also possible for any wife to claim interim maintenance under Section 125 CrPC while the proceedings are pending.  This is the allowance for monthly maintenance.

The Supreme Court has ruled in several judgments that for getting maintenance it is important for the applicant to prove that the applicant cannot maintain self: 
"Inability to maintain herself is the pre-condition for grant of maintenance to the wife. The wife must 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.” So, if your wife is educated enough to maintain herself, she will not be entitled to maintenance.

LawRato LawRato

745 votes

yes , your wife can claim maintenance. is she doing a job ? how is she earning ?How long has it been since you got married? are you both living seperately? if yes , then from when ? and for which reason ? you have to prove in court that your wife is capable , she is doing job .

Advocate Khevna R Reshamwala LawRato