The Punjab and Haryana High Court has said that a wife cannot be denied maintenance just because she is educated or qualified. The Court explained that unless it is clearly proven that she left her job only to claim maintenance, she still has the right to receive financial support from her husband.
🔸 Case Background:
- The couple got married in 2015 and have a child.
- Due to issues in their marriage, the wife moved out and, in 2018, filed for maintenance for herself and her son under Section 125 of the Criminal Procedure Code (CrPC).
- In November 2023, the family court ordered the husband to:
- Pay ₹10,000/month to the wife
- Pay ₹5,000/month to the son
- Continue paying house rent for their accommodation
🔸 Husband’s Objection:
The husband challenged the order in the High Court. He argued that:
- The wife had no right to claim maintenance because she left him without reason.
- She allegedly had close relationships with other men.
- She had once apologized in a letter, admitting her fault.
But the Court found that:
- The husband’s allegations were not backed by evidence.
- The letter he mentioned was from 2016, and the couple continued to live together for a while even after that.
- The wife’s petition was filed in 2018, showing that the letter did not change the course of events significantly.
🔸 Maintenance Amount:
The husband also said the family court didn’t explain how it calculated the maintenance. But the High Court clarified that:
“The maintenance amount was decided after considering all facts of the case.”
Meanwhile, the wife also asked for higher maintenance, but the Court rejected her request, stating:
- The husband is already paying ₹10,000 to the wife, ₹5,000 to the child, plus house rent, which had increased from ₹10,000 in 2019 to ₹14,300 in 2023 and may have risen further.
🔸 Final Judgment:
The High Court upheld the family court’s order, rejecting both the husband’s and wife’s petitions. It concluded that the maintenance awarded is fair and based on the full situation.
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