Husbands 20000 Maintenance Court Wifes Education

The Allahabad High Court recently upheld a family court’s order directing a man to pay Rs 20,000 as monthly maintenance to his estranged wife, observing that the wife’s educational qualifications or earning capacity alone cannot disentitle her from claiming maintenance.

Justice Garima Prashad dismissed a plea filed by the man challenging the family court’s order granting maintenance to his wife under Section 125 of the Code of Criminal Procedure.

“The mere fact that opposite party no 2 (wife) is educated cannot disentitle her from maintenance. Education and earning capacity are relevant considerations, but they cannot be equated with actual and sufficient income,” the order dated June 17 read.

The court held that a wife cannot be denied maintenance merely because she is qualified when there is no evidence that she is actually earning sufficient income.

The husband had argued that his wife is an educated, employable, and financially independent lady, having sufficient means to maintain herself, and therefore, she is not entitled to maintenance.

He urged that his wife earn from tuition and coaching work and is also supported by her mother’s pension and properties.

He further claimed that after losing his job, he was working only as a freelance chartered accountant with irregular income, making the maintenance amount excessive.

Opposing the plea, the counsel for his wife submitted that she was ‘compelled’ to reside separately due to ‘cruelty, harassment and neglect’ by her husband.

It was further submitted that her husband is a qualified Chartered Accountant, has been working at different places, has undertaken consultancy work, and has failed to produce his income tax returns and complete financial documents.

The court observed that despite being a Chartered Accountant and despite having special knowledge of his income, the husband failed to produce income tax returns, complete accounts, professional receipts, bank statements or other reliable financial documents which could have disclosed his true income.

“Facts relating to income, professional earnings and financial capacity are matters especially within the knowledge of the person concerned. Where such a person withholds the best evidence, the court is justified in drawing an adverse inference,” the high court held.

It further observed that the mere fact that the wife is educated cannot disentitle her from maintenance.

“A wife cannot be denied maintenance merely because she is qualified, when there is no evidence that she is actually earning sufficient income,” the order read.

It held that the pension of the mother or properties allegedly belonging to the mother cannot be treated as the independent income of the wife.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More