Wife Cannot Be Denied Maintenance Just Because She Is Qualified, Rules Punjab & Haryana High Court
The Punjab and Haryana High Court has ruled that a wife cannot be denied maintenance simply because she is educated or qualified, unless it is proven that she deliberately quit her job only to seek financial support.
The couple married in 2015 and had a child. Due to disputes, the wife left her matrimonial home and in 2018 filed a case under Section 125 CrPC, seeking maintenance for herself and their son.
In November 2023, the family court directed the husband to pay ₹10,000 per month to his wife and ₹5,000 per month to the son. Additionally, he was ordered to continue paying rent for the accommodation of his wife and child.
Challenging this decision, the husband argued that his wife was living separately without valid reasons and was in continuous contact with male friends. He further claimed that her own actions made her ineligible for maintenance. However, the Court dismissed these allegations, observing that no evidence was presented to prove them.
The Court also noted that a letter written by the wife in 2016, which the husband relied upon, had no legal value since the couple continued to live together for a substantial period afterward.
It further clarified that the family court had correctly calculated the maintenance amount after considering all circumstances. At the same time, the wife’s request for enhanced maintenance was also rejected.
The Court emphasized that besides maintenance, the husband was already paying rent, which had risen from ₹10,000 in 2019 to ₹14,300 in 2023 and would continue to increase yearly.
Accordingly, the High Court upheld the family court’s decision and dismissed the petitions filed by both husband and wife.
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