No Maintenance For Professional Qualified Wife

 

Landmark Judgment: No Alimony to professionally qualified qua lified wife

Maintenance is financial support that a woman or man can claim from Maintenance her husband/wife after separation or divorce. However, maintenance can be claimed not just by a married or divorced woman, but also by the children and parents of a married man who are unable to maintain them th emse selv lves es.. Du Due e to th the e pr pres esen ence ce of di difffe fere rent nt re reli ligi gion ons s in In Indi dia, a, marr ma rria iage ge,, di divo vorc rce e an and d ma main inte tena nanc nce e ar are e go gove vern rned ed by th thei eirr ow own n personal laws. Hindus: The Hindu Marriage Act, 1955(2), and the Hindu Adoption and Hindus: Maintenance Act, 1956, give women the right to claim maintenance. Muslims: Under the Musli Muslims: Muslim m Wome Women n (Protection of Rights on Divor Divorce) ce)  Act, 1986, the wife has to be paid maintenance in the iddat period Parsi: Under Parsi Marriage and Divorce Act, 1936 either Parsi wife or  husband is entitled to claim expenses where the proceeding is pending under the Act. Christian:  Under Section 36 of Divorce Act, 1869 which applies to Christian:  persons professing Christian religion, a wife is entitled to expenses of  proceeding under the Act and maintenance while the suit is pending. Secula Secu larr La Law: w: In Inte terim rim ma main inte tenan nance ce ma may y al also so be cl clai aime med d un unde der  r  Section 125 CrPC by any wife during the pendency of proceeding for  regarding monthly allowance for maintenance under Section 125(1) CrPC.  Apex Court has held in various judgments that in order to get maintenance, applicant must prove that "Inability to maintain herself is the pre-condition for grant of maintenance to the wife. The wife must   positively aver and 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.”  Is an earning wife entitled to maintenance?  Apex Court in Rosy Jacob v. Jacob A. Chakramakkal, (1973) 1 SCC 840   held that wife having a school of her own and possessing wet 840 lands is in a better financial position than husband who is not doing well in his profession and has no land. Hence, it is unnecessary to pay any maintenance to the wife.  Apex Court in SL SLP P (c (c)) No No.. 16 1605 051 1 of 20 2017 17 KU KUSU SUM M BH BHA ATI TIA A vs S AGAR SET I on 6.09.working 2019 hwith as sufficient declined salary, to ahowever, ward a,nity maintenance toHwife who1was however awarded maintenance to the daughter.

 

Delhi High Court in MAT. APP.(F.C.) No. 143 of 2014. D/d. 5.9.2016 Rupali Gupta vs Versus Rajat Gupta held Gupta  held that so far as refusal to award awa rd int interi erim m main mainten tenanc ance e to the appe appella llant/ nt/wif wife e is con concer cerned, ned, we conc co ncur urre red d wi with th th the e fi find ndin ing g of le lear arne ned d Ju Judg dge e Fa Fami mily ly Co Cour urt. t. Th The e appe ap pell llan ant/ t/wi wife fe wh who o is a qu qual alif ifie ied d Ch Char arte tere red d Ac Acco coun unta tant nt an and d in pro roffes ess sion since the year 20 200 03 nee eed d not be gran antted int nte eri rim m maintenance under Section 24 of the Hindu Marriage Act Karnataka High Court in Sandhya K. v. A. Manohar , WP No. 8216 of  Karnataka 2018 (GM-FC), decided on 8.3.2018 found that even the petitioner was a highly qualified lady being a software engineer. And this fact was prop pr oper erly ly co cons nsid ider ered ed by th the e co cour urtt be belo low w wh whil ile e ap appr prec ecia iati ting ng th the e evidence and passing the impugned order. After considering this fact the trial court passed the order of maintenance for the wife as well as their son. The High Court was of the view that a highly qualified wife is capable of maintaining herself as well as the child. Therefore, the High Court did not find any error with the order passed by the trial court and accordingly,, the petition was dismissed. accordingly

Delhii Hi Delh High gh Co Cour urtt in Dam Damanp anpree reett Kau Kaurr Vs. Indermee Indermeett June Juneja, ja, the inte in teri rim m ma main inte tena nanc nce e wa was s de decl clin ined ed to th the e wi wife fe as sh she e wa was s we well ll educate educ ated d lady and and even after after marriag marriage e was earning earning ₹50,0 50,000/ 00/-- per  month but after separation, had chosen not to work of her own will though had the capacity to work. Madhya Madh ya Pr Prad ades esh h Hi High gh Cou ourt rt in Smt Smt.Ma .Mamta mta Jai Jaiswal swal vs. Raj Rajesh esh Jais Ja iswa wall 20 2000 00(3 (3)) MP MPLJ LJ 10 100, 0, whi while le deal dealing ing wit with h ide identi ntical cal sit situati uation on observed that well qualified spouses desirous of remaining idle, not making efforts for the purpose of finding out a source of livelihood, have hav e to be di disc scou ourag raged, ed, if th the e so soci ciet ety y wa want nts s to pr prog ogres ress. s. Wi Wife fe’s ’s income to be accounted for determining maintenance  Apex Court in Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386 held that wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of  husband to support her in all the circumstances.

In short, depending upon the facts and circumstances of each case, a wife whether divorced or separated and who is capable of working and sustain herself is not entitled for maintenance from her husband and so far as the amount of such interim maintenance is concerned, the paying capacity of the husband is required to be looked into.