Maintenance is one of the most common issues in disputes related to marriage. Generally, in the matrimonial cases, maintenance is sought by wives mostly as they are dependent upon their husbands for their financial needs. The law is sometimes misused by wives for no other reason to harass their husbands or just to spite them. Though the law has been explained, there are some confusion regarding the same, such as if maintenance could still be demanded by a wife who is earning and is thus independent. If you have a similar situation, it is advised to seek the advice of an experienced Family Lawyers In Kolkata so as to understand the legal provisions in more detail.
Maintenance-
- Section 24 of the Hindu Marriage Act, 1955 provides a party having insufficient income, the right to seek maintenance pendelite from the other party, during the course of a court case. It is required to be mentioned that such interim maintenance could be provided to either of the spouses.
- Section 125 of the CrPC, provides the wife the right to seek maintenance from her husband, in case she doesn’t have sufficient means to support herself.
- Section 18 of the Hindu Adoption and Maintenance Act, 1956 ensures the wife the right to seek maintenance from her husband.
- Under Section 23 of the Protection of Women from Domestic Violence Act, 2002, the Magistrate has the power to pass interim as well as ex parte order regarding the maintenance to the wife, who has been a victim of domestic violence or her husband may commit violence against her.
- Also, provided under Section 36 of the Special Marriage Act,1954, a wife may seek maintenance from her husband, while the matrimonial dispute is pending and she has no means to support herself.
What role does the
income of wives play while deciding the maintenance case?
The Hon’ble Supreme Court of India, in the case of Sunita Kachwaha v Anil Kachwaha, held the following conditions necessary for granting the claim of maintenance under Section 125 of the CrPC-
- The wife shall be unable to maintain herself
- The husband should have sufficient means to maintain his wife
- The husband neglected to maintain his wife.
Also, the Apex Court observed that just because the wife is
earning some money, doesn’t debar her from claiming maintenance from her
husband.
Earning capacity of
wife-
As decided by the Hon’ble Supreme Court of India in the case
of Shalija & Ors. v Khobbanna, that ‘capable of earning’ and ‘actually
earning’ are two different concepts and just because the wife earns money is
not a sufficient reason for the courts to reduce the maintenance awarded to
her.
In case the wife earns more than her husband-
In the case of Amit Kumar v Navjot Dubey, the high Court of
Punjab and Haryana refused to quash the judgment given by the lower court to
provide interim maintenance to the wife, even though she was earning more than
her husband, but she was also taking care of her two children.
Conclusion-
As could be inferred from the above-mentioned article, there
is no law which states that if a wife is earning, she cannot seek maintenance
from her husband. It depends on the various facts of different cases, such as
if the earning capacity of the wife is sufficient for her maintenance. In case
you wish to file for maintenance, it is advised to seek legal opinion of an
experienced Family
Lawyers In Mumbai, so as to have a better understanding of your case.
Similarly, in case your wife with sufficient earning capacity
has filed a suit for maintenance, it is advised to seek legal guidance from an
experienced Family
Lawyers In Lucknow for representing you. Lead India offers you a team of
experienced advocates successfully handling maintenance cases, in case you seek
legal opinion or assistance for the same, you may contact us.
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