Maintenance Provisions for Working Wife: The Legal Paradox in India

Separations, divorce are common nowadays. However, process to get a divorce is a bit difficult. Several significant aspect such as alimony, maintenance, property and custody of kids stretches the divorce process longer. Although, the  judiciary  process takes its own time, still, an expert divorce advocate can be a big help.
 
In this blog, Advocate Vipin Raina, the best divorce lawyer in Gurgaon will briefly explain the landmark judgements and their impact on maintenance provisions for working wives.

Provision of Maintenance for Working Wives Under Section 125 of the CrPC in India
 
Under Section 125 of the Criminal Procedure Code (CrPC) in India, a working wife can request maintenance. However, this may seem paradoxical as maintenance is typically given to those who are unable to maintain themselves. The Supreme Court of India has justified the provision of maintenance as a means of strengthening the poor and attaining social justice, individual equality, and dignity.

Employment does not necessarily imply that a woman can meet all her basic needs or those of her child, particularly if the husband is living lavishly. The law recognizes that a wife is entitled to maintain the standard of living she is accustomed to, provided that the husband is capable of supporting her.

The amount of maintenance awarded is determined based on a variety of criteria, such as the parties’ status, needs, income and property, liabilities and financial responsibilities, age and employment status, residential arrangements, minor children’s maintenance, and illness or disability.

Landmark Judgements and Maintenance Provisions for Working Wife

Several landmark judgments have reinforced the right of working wives to claim maintenance under Section 125 of the CrPC. For instance, in Jaspreet Singh Vs. Swaneet Kukreja, the Delhi High Court held that a wife's interim maintenance cannot be denied even if she is capable of earning an income and is a working professional.
 
Similarly, in the case of Chaturbhuj vs. Sitabai, the Supreme Court ruled that a woman who is separated from her husband can request maintenance from him even if she is earning a monthly income, as long as it is not sufficient for her to support herself. The court also noted that the phrase "unable to maintain herself" does not require a wife to be completely destitute before she can apply for maintenance.

The right to maintenance for working wives has also been upheld by the Punjab and Haryana High Court in the case of Amit Kumar vs. Navjot Dubey. The court held that a wife is entitled to the same standard of living as if she were still living in the matrimonial home. 

Similarly, In Neha Mathur & Anr. v. Dr. Arvind Kishore, the Rajasthan High Court stated that the wife is entitled for maintenance even if she is drawing a monthly income.

Are you Looking for Legal Advice?

Expert legal advice plays a significant role in divorce cases. In case, you are also looking for legal advice you can contact Advocate Vipin Raina for more professional advice. He is one of the top divorce lawyers in Gurgaon with decades of legal experience.