Kerala High Court Upholds Maintenance for Well-Qualified, Jobless Wife

Court rules that potential earning capacity does not preclude maintenance entitlement if the wife is not currently earning.

The Kerala High Court, in a recent judgment delivered by Dr. Kauser Edappagath, J., has reaffirmed the right of a well-qualified but jobless wife to receive maintenance from her husband. The court dismissed a revision petition filed by Ratheesh Chandran, challenging the order of the Family Court, Nedumangad, which had granted monthly maintenance to his estranged wife, Rema Devi S, and their child.

The petitioner, Ratheesh Chandran, argued that his wife, being a qualified teacher with a B.Ed and M.A. degree, should not receive maintenance as she had the capability to earn. However, the court emphasized that a wife's potential earning capacity should not be conflated with actual earnings. The judgment clarified that the term "unable to maintain herself" in Section 125 of the Criminal Procedure Code (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) refers to the wife's actual inability to sustain herself, rather than her potential to earn.

Citing precedents from the Supreme Court, including the cases of "Rajnesh v. Neha" and "Chaturbhuj v. Sita Bai," the court highlighted that even if a wife is earning, it does not automatically disqualify her from receiving maintenance. The court underscored that the husband's obligation to provide maintenance is rooted in ensuring that the wife can maintain a standard of living comparable to what she experienced in the matrimonial home.

The judgment further emphasized the social justice aspect of the maintenance provision, aimed at protecting marginalized members of society such as destitute wives and children. The court reiterated the need for a liberal interpretation of the law to fulfill its objective of providing relief to the intended beneficiaries.

In conclusion, the Kerala High Court found no merit in the arguments presented by the petitioner and upheld the Family Court's decision to grant maintenance, deeming it reasonable and in accordance with the law. The revision petition was consequently dismissed, reinforcing the legal principle that a well-qualified but unemployed wife is entitled to maintenance until she secures sufficient means to support herself.

Bottom Line:

Maintenance under Section 125 Cr.P.C. (Section 144 of BNSS) - A well-qualified wife who is jobless cannot be denied maintenance merely on the ground that she has the capacity to earn. The expression 'unable to maintain herself' must be interpreted to mean actual inability to sustain rather than mere potential earning capacity.

Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973 (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Ratheesh Chandran v. Rema Devi S, (Kerala) : Law Finder Doc Id # 2818837