BENGALURU: The Karnataka High Court said the inability of the wife to maintain herself is a precondition to claim maintenance, and the law does not state that a married woman should be maintained by her husband under all circumstances.
“When the wife is well-educated, well-placed and earns income sufficient to maintain herself, she cannot be termed to be dependent on her husband. Gainful employment, financial independence and self-sufficiency are good grounds to reject the wife’s claim of maintenance,” observed Justice Chillakur Sumalatha, who passed an order setting aside the family court’s order to pay maintenance of Rs 20,000.
The court stated that as discussed in the order, the husband’s income is more than that of his wife. If the wife’s income is grossly low and not sufficient to maintain herself, undoubtedly such a wife is liable to be maintained by her husband.
However, as per the wife’s own version, she is maintaining her parents with the amount she earns. Therefore, she cannot be considered to be dependent on her husband, the court added.
The husband, aged 36 and residing in the city, moved the high court challenging the family court order dated July 4, 2025, to pay maintenance of Rs 20,000 to his wife, aged 31, as against her demand for Rs 85,000.
Allowing the petition filed by the wife, the family court came to the conclusion that though the wife earns Rs 54,700 per month, the husband’s income is more than hers, so she is liable to be maintained by her husband; hence, he was ordered to pay her a sum of Rs 20,000 per month.
So far, as the financial status of the parties is concerned, the wife contended that her husband works as an engineer and earns Rs 40 lakh per annum. The husband pleaded that his wife is a BE Computer Science graduate, and earns Rs 10 lakh per annum.
Referring to the wife earning Rs 54,700 per month, while allowing the revision petition filed by the husband, the high court noted that the wife made a clear mention that the approximate monthly expenditure she incurs towards her dependents is Rs 35,000.
When the wife herself contends that her parents are depending on her and she spends Rs 35,000 per month on their maintenance, the court cannot appreciate her stand that she is dependent on her husband, and issue a direction to her husband to maintain her. The High Court further said that no doubt the husband’s financial status is higher than that of his wife.
“Parties to the litigation are husband and wife. Hence, with an intention to avoid further rupture of relationship and to keep the doors of amicable settlement open, this court orders the husband not to initiate any proceedings for recovery of amount, if any, paid till now to the wife towards maintenance,” the court observed.
