Financially Independent Wife Earning More Than Husband Can't Claim Maintenance Merely Because She Is A Woman: Karnataka High Court

The Karnataka High Court, while setting aside a trial court's direction to a husband to pay Rs 20,000 interim maintenance to his wife, has held that a wife who earns considerably more than her husband cannot claim maintenance from him, especially when she has no other obligations or liabilities to discharge. [2026 LiveLaw (Kar) 222]

The single judge bench of Justice Dr. Chillakur Sumalatha noted in its order as follows:

“…When the wife is financially sound and in case where the income of the wife is more than that of the husband and where no other liabilities are found on part of the wife, like looking after the children, Courts should not be inclined to pass an order granting maintenance on the ground that women are required to be maintained by men or wife is required to be maintained by her husband. It should be borne in mind that only when it is shown that the wife has no financial sources to maintain herself according to the standards of her husband, then only Courts are required to award maintenance either interim or final”.

The marriage between the petitioner-husband and the respondent-wife was solemnised in 2024. They lived together briefly post which the wife filed an application under Protection of Women from Domestic Violence Act, 2005, along with an interim maintenance plea for Rs 1,13,515/- per month. The trial court ordered that the husband will be liable to pay Rs 20,000 as interim maintenance. This order was challenged by the husband before the High Court.

The wife argued that she was the only child of her parents and had incurred debts for her marriage, which she was obligated to clear. However, the Court noted that no such material about loans or EMIs was produced to substantiate these claims whereas the affidavit furnished by her indicated her current salary, substantially higher than that of her husband.

“…Only because a woman more particularly a wife files a petition invoking the provisions of Domestic Violence Act or the provisions of Hindu Adoption and Maintenance Act or the provisions contained in the Code of Criminal Procedure, where the right to claim maintenance is recognized, the Courts cannot straight away pass an order awarding some amount towards maintenance payable by the husband…” the Court underscored.

Accordingly, the court allowed the writ petition and set aside the trial court's order dated December 19,2025.

“…In the case on hand, the income of respondent No.1/wife is more than that of petitioner/husband. With her admitted income that is ₹1,00,000/- she can maintain herself. Therefore, there is no requirement for the Trial Court to order the writ petitioner/husband to pay a sum of ₹20,000/- per month out of his earnings i.e. ₹60,646/- per month…”, the court emphasised in its order.

Case Title: Sri Ravi S. @ Jeevan S. v. Smt. Sahana Devi A. & Others

Case No.: Writ Petition No. 2327 of 2026 (GM-FC)

Citation: 2026 LiveLaw (Kar) 222

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