Maintenance - Even if the wife is earning, Maintenance can be awarded
Jharkhand High Court Upholds Maintenance Order for Earning Wife. Court Affirms Rs. 20,000 Monthly Maintenance for Wife Despite Her Income, Based on Husband's Higher Earnings
News Report: In a significant ruling, the Jharkhand High Court has upheld the maintenance order issued by the Family Court in Dhanbad, directing petitioner Himanshu Shekhar to pay Rs. 20,000 per month to his legally wedded wife, despite her being employed. The judgment, delivered by Justice Sanjay Kumar Dwivedi, emphasized that the earning of a wife does not automatically bar her from receiving maintenance if her income is insufficient to maintain a lifestyle in accordance with her husband's.
The case, Himanshu Shekhar v. State of Jharkhand, revolved around a dispute where the petitioner challenged the Family Court's order dated May 15, 2024, arguing that his wife's income should disqualify her from receiving maintenance. However, the High Court dismissed the revision petition, affirming that the husband's monthly income of Rs. 62,000 substantiates the maintenance award.
Justice Dwivedi noted that the petitioner, employed with the Bihar Government in the Health Department, admitted his monthly earnings and the marriage to the respondent. The court considered testimonies and evidence, including bank statements and affidavits, to determine the financial dynamics and the living conditions of the parties involved.
The judgment also took into account the respondent's claims of being subjected to cruelty and dowry demands, which led to her separation from the matrimonial home. The court highlighted that the wife's separate living was justified due to the husband's alleged intentional acts and that her income was not adequate to sustain a lifestyle comparable to that supported by the husband's earnings.
This ruling aligns with the principles laid out in Section 125 of the Code of Criminal Procedure, 1973, which mandates courts to assess whether a wife’s income suffices for her maintenance relative to her husband's financial status. The High Court's decision underscores the legal stance that maintenance can be granted to a spouse even if they have an independent income, provided it is not enough to support a similar standard of living.
Ultimately, the Jharkhand High Court found no illegality in the Family Court's decision, maintaining the stance that a husband's financial responsibility persists if the wife's income falls short of sustaining her in a manner consistent with his earnings.
Bottom Line:
Maintenance - Even if the wife is earning, the Court must assess whether her income is sufficient to maintain herself in accordance with the lifestyle of her husband - Maintenance can be awarded if the husband's income is sufficient, and the wife’s separate living is justified due to the husband's intentional acts.
Statutory provision(s): Code of Criminal Procedure, 1973 Section 125
Himanshu Shekhar v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2779581
