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No Maintenance to Educated Wife ? Supreme Court Judgement


04-Jul-2024 (In Divorce Law)
If my wife is an MBA graduate, can she still claim maintenance? Is there no alimony to an educated wife if she is capable of working and earning enough to meet her daily needs? I have a B.Com degree.
Answers (4)

Yes; an MBA wife is not automatically barred from claiming maintenance or alimony simply because she is qualified: the settled test is whether her actual income is sufficient to maintain herself in the standard of living enjoyed during the marriage and whether the husband has sufficient means -mere capacity to earn is different from actual earning. See Shailja & Anr. v. Khobbanna (Supreme Court) (capability to earn is not by itself a ground to reduce maintenance). [https://www.livelaw.in/wifes-capability-earn-no-reason-reduce-maintenance-awarded-sc-read-order/] See Sunita Kachwaha v. Anil Kachwaha (Supreme Court) (earning some income does not automatically deny maintenance). [https://indiankanoon.org/doc/3786357/] Courts also direct adjustment and consider prior awards and standards of living (Rajneesh v. Neha). [https://www.latestlaws.com/latest-caselaw/2020/november/2020-latest-caselaw-594-sc/] Statutes: Section 125 CrPC (order for maintenance) governs summary maintenance claims. [https://www.wipo.int/wipolex/en/legislation/details/8578] For matrimonial proceedings, Sections 24 and 25 of the Hindu Marriage Act govern interim and permanent alimony. [https://indiankanoon.org/doc/1449825/] The new BNSS replaces CrPC maintenance provisions (see BNSS s.144 equivalent); courts may consider BNSS where applicable. [https://thebharatiyanagariksurakshasanhita.in/chapter-10-order-for-maintenance-of-wives-children-and-parents/] Note: courts may deny or reduce interim maintenance if a well'qualified spouse wilfully remains idle or fails to show efforts to earn (recent Delhi HC observation). [https://www.indiatoday.in/india/law-news/story/delhi-high-court-capable-women-with-earning-capacity-shouldn-t-ask-for-interim-alimony-2696397-2025-03-20]

Answer #1
582 votes
A well-educated wife is not entitled to maintenance if she is capable of earning. Courts have ruled that a wife cannot compel her husband to provide financial support if she is qualified to work. For example, in the Mamta Jaiswal case, the Delhi High Court held that if a woman chooses to remain idle despite having the ability to earn, she is not entitled to maintenance.

However, to claim maintenance, she must prove that she is unemployed or not earning enough to maintain the standard of living she had before. To determine this, both parties may be required to submit their income tax returns to assess who genuinely needs financial support.

For further legal guidance, feel free to contact me.

Regards,
Advocate K.K. Trivedi
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Answer #2
787 votes
If your wife has the capacity to earn, was previously employed, or is currently working, you have strong grounds to deny maintenance. Even if she is not working now but was employed earlier, it strengthens your case against providing maintenance.
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Advocate Suneeta Ramesh Shukla

Adv. Suneeta Ramesh Shukla

LawRato Ahmedabad | 50+ Answers
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Answer #3
515 votes
If your wife is educated and capable of earning to support herself, she is not entitled to maintenance from her husband. However, you haven't mentioned whether she was previously employed. If the wife is earning but her salary is significantly lower than her husband's, and the husband enjoys a luxurious lifestyle, she may still have the right to claim maintenance to maintain the same standard of living.
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Advocate Jaykumar Varma

Adv. Jaykumar Varma

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Answer #4
943 votes
Whether the wife is educated or not does not matter; what matters is if she is currently employed. Her job status can impact the maintenance case. Additionally, having a child also plays a role in how the case is decided. Properly presenting these factors in court can help strengthen your position.
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Advocate Tejas Chauhan

Adv. Tejas Chauhan

LawRatoAhmedabad | 25+ Answers
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