The Punjab and Haryana High Court ruled that a wife cannot be denied maintenance just because she is qualified, unless there is proof that she quit her job solely to seek financial support. This decision came in a case where a couple, married in 2015 with one child, separated due to marital disputes.
In 2018, the wife approached the family court under Section 125 CrPC, seeking maintenance for herself and her minor son. The family court, in November 2023, ordered the husband to pay ₹10,000 per month to the wife and ₹5,000 per month to the son. Additionally, the husband was directed to continue paying rent for their accommodation.
Challenging this, the husband moved the High Court, claiming that the wife’s actions and her choice to live separately without valid cause disqualified her from maintenance. He also accused his wife of maintaining relationships with other men, alleging her infidelity. The wife, in turn, sought an increase in maintenance.
The High Court rejected the husband’s claims, noting that there was no evidence to support his allegations regarding the wife’s character. The Court stated that a letter written by the wife, which the husband used to claim she apologized for her conduct, had no bearing on the case. The Court emphasized that despite the letter being written in 2016, the couple continued to live together for a substantial time afterward, and the maintenance petition was filed in December 2018.
The Court also rejected the husband’s argument that the family court failed to provide a formula for calculating the maintenance amount. It ruled that the amount had been carefully considered based on all relevant factors.
Similarly, the wife’s request for enhanced maintenance was dismissed. The Court found that apart from the ₹10,000 per month for the wife and ₹5,000 for the son, the husband was also paying rent for their accommodation. The rent, which was ₹10,000 per month in 2019, had increased to ₹14,300 per month by 2023, with a 10% annual increment.
In conclusion, the Court upheld the family court’s order, dismissing both the husband’s appeal and the wife’s request for an increase in maintenance.
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