Wife not barred from seeking maintenance from husband merely because she has capability to earn: Kerala High Court
Court clarifies that a wife’s occasional or insufficient income does not disqualify her from maintenance claims
The Kerala High Court has held that a woman is not barred from claiming maintenance from her husband simply because she is capable of earning some income or occasionally engaged in work that does not provide sufficient livelihood. Justice Kauser Edappagath referred to Supreme Court precedents distinguishing between wives who earn enough to support themselves and those who, despite having the capability, do not earn sufficient income.
In a recent case, the family court denied maintenance to a wife on the ground that she was capable of earning. However, the High Court found that the wife had no permanent source of income, and her occasional work at her brother’s shop did not suffice to support herself and children. The Court noted that the husband failed to produce evidence showing she had a steady income or was self-supporting.
Further, the Court observed that the wife’s allegations of cruelty were not challenged, justifying her decision to live separately and seek maintenance. It ordered the husband to pay ₹8,000 per month maintenance to the wife, though it declined to enhance child maintenance.
The Court reiterated that maintenance law must be interpreted liberally under Section 125 CrPC (now Section 144 BNSS) to prevent destitution of wives and children.