Because his income is higher, the high court has ruled, pointing out that the law doesn’t state that a married woman under all circumstances should be maintained by her husband, bengaluru : A married woman who is well-educated, employed and earns enough to take care of herself cannot claim maintenance from her spouse merely.
“Inability to maintain herself is a pre-condition to claim maintenance,” Justice Chillakur Sumalatha observed in an order passed on Oct 30. Financial independence, employment and self-sufficiency are valid grounds to reject a wife’s claim for maintenance, the court held.
The order came while allowing a petition filed by a Bengaluru-based software engineer challenging a family court’s July 4, 2025, order directing him to pay monthly maintenance of Rs 20,000 to his wife. The woman had sought Rs 85,000, claiming that her husband, a technical team leader at a software company, earned around Rs 40 lakh annually. The family court had awarded her Rs 20,000, taking into account his monthly income of over Rs 2 lakh. The court noted that the woman was a BE graduate in computer science and earned Rs 54,700 a month. She had also stated that she spent Rs 35,000 every month towards maintaining her parents, who were dependent on her.
“When the wife herself contends that her parents are depended on her and that she incurs a sum of Rs 35,000 per month for their maintenance, this court cannot appreciate her stand that she is depending upon her husband,” the judge observed. Setting aside the family court’s order, the high court ruled that the husband could not be held liable to pay maintenance to his wife.
Because of his health condition, however, it said the documents produced, including those submitted by the wife, supported his claim that he had substantial expenses. The court acknowledged that the husband’s financial position was better than his wife’s.
The judge clarified that a wife whose income is insufficient to maintain herself would undoubtedly be entitled to maintenance from her husband, even if she is employed. However, in the present case, the wife’s earnings were sufficient to establish that she was not financially dependent on her husband.