The Punjab & Haryana High Court recently ruled that unless it can be demonstrated that the wife has quit her job in order to get the maintenance payment, maintenance cannot be refused based alone on her professional qualifications.

Justice Sumeet Goel said, "The wife merely by virtue of being educationally qualified cannot be held disentitled to seek maintenance, until and unless it is proved that she being professionally qualified, having taken up a profession, has given up on such profession, just for the sake of seeking maintenance. In the present case, it is not the case of the husband that the wife was working and earning after the marriage prior to her filing the present petition for grant of maintenance."

These remarks were made during the hearing of revision appeals contesting a Family Court ruling that ordered the husband to pay the wife Rs. 10,000 per month and the minor son Rs. 5,000 per month. Additionally, he was instructed to keep up his rent payments for his wife's and their young child's housing. While the wife requested an increase in the maintenance amount, the husband contested the ruling.

The husband's claim that the wife, who is professionally qualified, cannot be expected to lounge about doing nothing and, thus, is not entitled to maintenance was dismissed by the court after reviewing the submissions. 

Justice Goel emphasized that the wife's employment and income after marriage before she filed the current maintenance petition is not the husband's case. The Court also pointed out that the wife is spending the most of her time caring for the little kid, which the Family Court had mentioned when it issued the contested order. The judge also dismissed the argument that the wife's involvement with other men disqualifies her from receiving any support. "These assertions from the spouse were shown to be hollow by the case record. 

The Court stated that there is no proof to support the outrageous accusations made by the husband in an attempt to discredit the wife's reputation.
Given that the husband additionally pays for the lodging in addition to the maintenance, Justice Goel declined to increase the amount of maintenance. "The husband pays more than only the Rs. 10,000/-per month support to the wife and Rs. 5,000/-per month to the son. In addition to the stated sum, he pays the rent for the wife and son's housing. According to the Court, the rent was Rs. 10,000 per month in 2019 and was said to have risen to Rs. 14,300 per month in 2023. It must have grown by an additional 10% annually for the rented premises.

It is pertinent to note that a single judge bench of the High Court refused to grant maintenance to a wife observing that,"it is first and foremost duty of the petitioner to maintain herself. Especially keeping in mind, the fact that she is able-bodied. The purpose of Section 125 Cr.P.C. is to protect abandoned wives who are unable to maintain themselves from vagrancy and destitution."