Wife's Modest Salary Doesn't Bridge Status Gap, Unemployed Husband Has 'Substantial Earning Capacity': Karnataka HC Upholds ₹20K Maintenance

The single judge bench of Justice Dr. K Manmadha Rao noted in the order dated April 17 that the factum of an estranged wife, yielding a salary of Rs 40,000/- per month, is not an absolute bar to award maintenance. The test would be whether her income is sufficient to maintain the lifestyle she enjoyed in her matrimonial home, the court said.

“…The Court must assess if the income is sufficient to sustain a lifestyle commensurate with that enjoyed in the matrimonial home. Given the Petitioner's documented monthly income during the marriage, the Respondent's salary of Rs.40,000/- is comparatively modest and does not bridge the status gap”, the court added.

Relying on Rajnesh v. Neha (2021) 2 SCC 324, the single judge bench reasoned that 'an able bodied husband is presumed capable of earning' and 'he cannot evade payment of maintenance by citing unemployment.'

“…The Petitioner's TDS records demonstrate a substantial earning capacity. His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations”, the court clarified in the order.

The petitioner and his estranged wife solemnised their marriage in 2021 at a temple in Dharwad. A family court, in August 2025, ordered an interim maintenance of Rs 20000/- to the estranged wife, which was assailed by the husband before the High Court.

The petitioner-husband argued before the High Court that he had lost his software engineer job in 2023 due to a structural reorganisation in the company where he had been working. The husband claimed that he relies upon his own savings and his parents' pension since he has no salaried means of obtaining a livelihood. He submitted that the family court failed to appreciate the aforesaid facts when ordering payment of interim maintenance to his wife.

The husband also submitted that the wife deserted her matrimonial home soon after marriage in May 2022. The wife, an MSc holder, has been earning Rs 40,000/- as an Administrative Support professional since 2023, and she has no dependents, the counsel for the husband argued.

On the other hand, the counsel for the wife contended that the husband was earning a monthly salary of Rs 4,50,000 during the subsistence of marriage. TDS statements for the years 2022-2024 were also placed on record by the wife, indicating his income during the said years to be around 50 lakhs. The wife also submitted that the husband owned residential properties in Bengaluru city as well as in the United Kingdom.

After hearing both parties, the court dismissed the writ petition and upheld the quantum of maintenance [Rs 20,000/-] ordered by the family court in the S.125 CrPC application filed by the wife.

“…Regarding Quantum, the Respondent initially sought Rs.70,000/-. The Family Court judiciously reduced this to Rs.20,000/-, which this Court finds to be a conservative and supportive maintenance amount intended to prevent destitution relative to the Petitioner's status”, the court further held that the petitioner should also clear pending arrears of interim maintenance.

Case No: Writ Petition No.33410 of 2025