Earning Wife Still Entitled to Maintenance, Rules Bombay High Court The Nagpur bench of the Bombay High Court recently ruled that an earning wife is still entitled to maintenance, even if she is financially independent. The court upheld a 2023 order from a Yavatmal family court that mandated a man to pay Rs 2,000 monthly to his wife and minor son. The decision, delivered by Justice Urmila Joshi-Phalke, dismissed a criminal revision application filed by the husband, who had contested the order. The court emphasized that Section 125 of the Code of Criminal Procedure (CrPC) aims to prevent destitution and ensure a reasonable standard of living for families, regardless of the wife’s income. The case stemmed from a matrimonial dispute between the couple, married in November 2019, with a son born in August 2020. The wife alleged sustained mental cruelty, neglect during her pregnancy, and abandonment after childbirth, which led her to seek maintenance and restitution of conjugal rights. The husband, however, argued that his wife was employed as an assistant professor with a substantial salary, making her financially independent. He claimed she had voluntarily withdrawn from the marriage and was not entitled to maintenance. The high court, after examining the evidence, rejected the husband’s claims. The judge noted that the wife’s employment was temporary and lacked stability, contradicting the husband’s assertion of financial independence. The court also highlighted that the husband failed to disclose his income, which could be interpreted as an attempt to evade responsibility. Justice Joshi-Phalke stated, “An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children.#bombay_high_court #justice_urmila_joshi_phalke #yavatmal_family_court #section_125_crpc #matrimonial_dispute
