When we talk about equality among men and women, Article 14 of Indian Constitution is the keeper. If we say charity begins at home, then so does equality. Men and women in the house have their shares of contribution, whether it is about earning money or taking care of the family. In fact, it is applaudable for the Indian society that in recent times, both husband and wife are opting to work to support the family expenses. Then why does it always land upon the husband when the marriage breaks and it’s time for one spouse to pay maintenance to the other? Does a woman remain dependent upon her husband even if she is earning a good salary? Here, we have compiled important case laws where the Courts batted for ‘No maintenance to Educated Wife’ and empowered equality for good.
No Maintenance to Educated Wife – Landmark Judgments
Non-disclosure of income goes against earning wife
In Matrimonial Appeal 243/2019 – decided on December 12, 2023), the wife did not disclose her income source, while the Court found that the wife did have some source of income to meet her expenses, through the information provided by the wife herself. Thus, the Delhi High Court held that the wife was not entitled to interim maintenance.
No maintenance to highly qualified and earning wife
In Matrimonial Appeal No. 78 of 2023 – decided on October 11, 2023), the husband and wife were highly qualified with the wife earning Rs 2.5 lakhs and husband earning USD 7134 per month. The Delhi High Court acknowledged the husband’s liabilities and expressed that “Though the husband may be earning in dollars, but it cannot be overlooked that his expenditure is also in dollars.” The Court rejected maintenance to the wife who was equally qualified and earning equally. The Court explained that “The object of Section 24 of the Act is to ensure that during the matrimonial proceedings under HMA either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.” The Court also reduced the interim maintenance of Rs 40,000 to Rs 25,000 granted for the child.
In KN v. RG (decided on February 12, 2019), the Delhi High Court refused to allow interim maintenance to the wife who was highly qualified and earning a good salary. The Court observed that “The provisions of this section are not meant to equalize the income of the wife with that of the husband but are only to see that when divorce or other matrimonial proceedings are filed, either of the party should not suffer because of paucity of source of income and the maintenance is then granted to tie over the litigation expenses and to provide a comfortable life to the spouse. Where, however, both the spouses are earning and have a good salary, merely because there is some salary difference cannot be a reason for seeking maintenance.”
Capable wife not working of her own choice not entitled to maintenance
In Damanpreet Kaur v. Indermeet Juneja & Anr (decided on May 14, 2012), the Delhi High Court upheld the Trial court’s denial of interim monetary relief to the wife who was a well educated woman earning Rs 50,000 per month, and chose not to work of her own will though having the capacity to work and finding suitable job for herself.
Also read – Judgments on when wife not entitled to maintenance
No maintenance to educated wife capable to maintain herself
In Bhushan Kumar Meen v. Mansi Meen (decided on April 28, 2009), the Supreme Court took note of the in-hand income of the husband to be only Rs 9,000 after all the deductions including home loan installment. Keeping in view of the qualifications that the wife possessed, the Court expressed that “there is no reason why she ought not to be in a position to also maintain herself in the future.” Thus, the Court reduced the maintenance amount from Rs 10,000 to Rs 5,000 per month.
Supreme Court Advocate not entitled to interim maintenance
In Vijay Kumar v. Harsh Lata Aggarwal (decided on September 10, 2008), the wife was a Supreme Court Advocate, being a postgraduate in law and holding a diploma in Tax. She was also a notary public authorized by the Government to attest documents. While the husband was a retired engineer and the Director of two private limited companies. The Delhi High Court found the Trial Court’s maintenance order strange, while stating that “It is not known to the law to fix the maintenance for wife looking at the qualification and experience of a person ignoring the qualifications and experience of the wife. If the husband was an engineer, the wife was an advocate.” Therefore, the Court decided – no maintenance to educated wife.
No maintenance to Doctor Wife
In Dr. E. Shanthi v. Dr. H.K. Vasudev (decided on August 22, 2005), the Karnataka High Court noted that both the husband-wife were doctors and that the wife was even practising as a doctor before marriage. While staying with her parents, she had the option to join her doctor brother’s clinic. Thus, the Court rejected interim maintenance to the wife.
Law does not expect well qualified spouse to remain idle
In Mamta Jaiswal Vs. Rajesh Jaiswal (decided on March 24, 2000), the Madhya Pradesh High Court held for no maintenance to educated wife. The Court clarified that Section 24 was aimed at providing monetary assistance to a spouse incapable of supporting himself/herself in spite of sincere efforts.
The Bench cautioned that “A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente lite alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose…….The law does not help indolents as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, atleast, has to make sincere efforts in that direction.”
The list is not over, and we at Lawgical Shots will keep on adding more important case laws to this compilation on ‘No maintenance to educated wife’. However, we would be honoured if you as a reader could share your valuable feedback on the blog here.
