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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Ratheesh Chandran – Appellant
Versus
Rema Devi S – Respondent
ORDER :
Kauser Edappagath, J.
Can a wife be denied maintenance if she is well-qualified and capable of earning but not working? – This is the main point raised for consideration in this Revision Petition.
2. The petitioner is the husband of the first respondent and the father of the second respondent. The respondents filed M.C. No.89/2017 under Section 125 (1) of Cr.P.C. against the petitioner before the Family Court, Nedumangad, claiming maintenance at the rate of Rs 15,000/- and Rs 7,000/- respectively. The petitioner resisted the claim mainly on two grounds: (i) the first respondent is a well-qualified teacher by profession and has sufficient means to maintain herself, and (ii) the first respondent left the company of the petitioner without any valid reason and hence she is not entitled to claim maintenance. The Family Court repelled those contentions and granted monthly maintenance at the rate of Rs 6,000/- and Rs 4,500/- respectively to the respondents. This revision petition has been filed by the petitioner challenging the said order.
3. I have heard Sri.Ajit G. Anjarlekar, the learned counsel for the petitioner, and Sri.R.B. Rajesh, the learned counsel for the respondents.
A wife who is well-qualified but not working is still entitled to maintenance, as inability to maintain oneself does not require absolute destitution.
A wife's capability to earn does not disqualify her from claiming maintenance, as the husband's obligation is upheld under social justice principles.
Maintenance – Educated Wife unable to maintain herself - Though a person may have eligibility to be appointed in a post in any public office or may have a good educational qualification, but still, h....
Maintenance – Ready to take care of child - Merely because the Revision Petitioner is the father of the child and is ready to take care of his child, would not permit him to discontinue the maintenan....
A spouse's capability of earning does not automatically disqualify them from receiving maintenance under Section 125 Cr.P.C., and the apportionment of family resources must consider the financial req....
A wife's earning does not bar her from receiving maintenance; the court must consider the husband's financial status and the wife's lifestyle when determining maintenance.
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
An educated spouse cannot be denied maintenance solely based on their qualifications; actual financial dependency must be considered.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
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