Wife Earning Income Can't Be Sole Criteria To Deny Maintenance From Husband: Gujarat High Court

 The Gujarat High Court has recently said that merely because a woman is earning an income cannot be the sole criteria to reject her claim for maintenance from her husband. 

Justice Hasmukh D Suthar in his order noted,

"Having heard the learned advocates for the respective parties and considering the contents of the application as well as the conclusions of the learned Family Court, it is evident that the wife is unable to maintain herself and has been neglected by her husband. Furthermore, it is important to note that the mere fact that the wife is earning is not a valid ground to reject her claim for maintenance. In this regard, this Court finds it appropriate to refer to the judgment delivered by the Hon'ble Apex Court in Sunita Kachwaha and Ors. vs. Anil Kachwaha, reported in (2014) 16 SCC 715. In that case, the wife, who was living separately, sought maintenance from her husband. The husband objected on the ground that the wife had sufficient means to maintain herself, but this argument was rejected by the Hon'ble Apex Court. It was held that merely because the wife is earning and may be highly qualified cannot be a reason to deny her claim for maintenance...In view of the above, the Court is of the considered opinion that the wife's earning cannot be the sole criterion for denying her maintenance. The husband's objection to the wife's claim for maintenance is unsustainable". 

The court was hearing a man's plea challenging family court's order awarding Rs.15,000/- as monthly maintenance to be paid by the petitioner to his wife. 

The wife had filed a criminal case before the family court seeking enhancement of maintenance to Rs. 30,000/- per month, alleging that the petitioner was earning about Rs. 70,000/- to 75,000/- per month and had subjected her to mental and physical cruelty before driving her out of the matrimonial home on 06.04.2018.

The petitioner filed his reply stating that his gross salary was Rs. 69,354/- and net take-home salary was Rs. 54,499/-, out of which he had financial obligations including maintenance to his parents, rent, and loan instalments. The Family Court partly allowed the wife's application and awarded Rs. 15,000/ per month to her as maintenance from the date of application.

The wife had also filed an application under Section 125 of the Code of Criminal Procedure in 2018 which was decided on 20.09.2019 wherein she was awarded Rs. 5,000/- per month as maintenance from the date of filing.

The court however clarified that if any final order is passed, the trial Court is directed to adjust the amount of maintenance appropriately and decide the matter expeditiously and independently, without being influenced by the order of the High Court. 

The court said that the husband's salary in June 2019 was Rs. 54,385. Thereafter, there has been a substantial increase in his salary to approximately Rs. 70,000-Rs. 75,000. Further, the court noted that the husband does not have any other substantial liabilities, as his mother is a retired government employee and a pensioner, his father is self-sustaining, and his sister is also employed.

"Thus, his primary responsibility is to maintain the applicant. In view of the aforesaid circumstances, the learned Family Judge has rightly exercised jurisdiction and modified the earlier order of maintenance so as to award a sufficient amount commensurate with the respondent's status and income. Accordingly, the maintenance amount has been enhanced from Rs. 5,000/- to Rs. 15,000/-, i.e., an increase of Rs. 10,000/-," the court said. 

The court said that the petitioner had failed to point out any patent error, and the Family Court had assigned proper reasons for its findings. 

The petition was dismissed. 

Case title: LALITKUMAR JIVRAJBHAI VAGHELA v/s STATE OF GUJARAT & ANR.

R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 283 of 2021

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