Wife Holding Temporary Job Not Ground To Deny Maintenance, Entitled To Same Standard Of Living As During Marriage: Kerala High Court

The Kerala High Court has held that even if the wife holds a temporary job and earns some income, it does not disentitle her from claiming maintenance from her husband, provided she claims that her income is insufficient for her maintenance.Considering the facts of the case, Justice Kauser Edappagath noted that the wife who has a temporary job and is living in a rented house with a dependent daughter, is entitled to claim maintenance from her husband.“it has come out in evidence that the wife held a job that was not permanent in nature. Her engagement was purely temporary, and the income she gets from the employment is a meagre one, which is hardly sufficient to supplement the day-to-day expenditures of herself and her daughter. The wife's temporary job, even if it provides some income, would not disentitle her to claim maintenance from her husband if she asserts that the said income is insufficient for her maintenance.”BackgroundThe Court was considering two revision petitions. One Revision Petition is filed by the wife and eldest daughter aggrieved by the order of the Family Court and claiming maintenance of rupees 45,000 per month from the husband. The Family Court ordered that the wife was not entitled to maintenance since she is working as a Clerk in Matsyafed. Further, the Family Court rejected the maintenance for eldest daughter under Section 125 of the CrPC since she has attained the age of majority.The second Revision Petition is filed by the husband aggrieved by the order of the Family Court that ordered him to give original certificates of life insurance policies which were taken in the name of the wife. SubmissionsThe Counsel for wife argued that the husband was a Captain in the Navy and was earning nine lakh rupees every month. She submitted that she is not a permanent worker and was employed only on contract basis. On behalf of the eldest daughter, it was argued that daughter who attained majority is entitled to claim maintenance under Section 20 (1) of the Hindu Adoptions and Maintenance Act, till she gets married. On the other hand, the husband argued that wife has permanent employment and earns substantial income. It was submitted that he has to support the youngest daughter and that the eldest daughter who has attained majority cannot claim maintenance. It is further submitted that he has resigned from Navy and is jobless now and only has income from LIC pension scheme. Wife entitled to maintain the same standard of living as during marriageRelying upon Apex Court decisions, the Court stated that even if the wife has the ability to earn or is already earning, it does not prevent her from seeking maintenance from her husband. Court stated, “The test is whether the wife is able to maintain herself more or less in the status in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”The Court further stated that Section 125 CrPC does not prevent a wife from seeking maintenance from her husband to cover the expenses of a dependent child, even if the child has reached the age of majority. The Court also found that the wife is employed on temporary basis and has no permanent source of income. Further, the Court found that the husband is educated and an experienced sailor who is capable of earning. The Court also noted that the husband has failed to discharge burden that is suffering from ailments or that he is unable to maintain wife and child. Court stated, “The husband who is capable of earning could not evade his lawful duty of maintaining his wife merely by stating that he is not presently employed. An able-bodied husband must be presumed to be capable of earning enough to support his family unless he can prove genuine inability with concrete evidence. The onus is on the husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his control.”Hindu Law Recognizes Liability Of Father To Maintain Unmarried Daughter U/S 20 (3)HAMA The Court stated that as per Section 125(1) CrPC (Section 144 (1) BNSS), a major unmarried daughter is not entitled to maintenance unless she is suffering from physical or mental abnormality due to which she cannot maintain herself. It stated that Section 125 applies independently of the personal law of parties and does not address civil liability of a husband or father to maintain his wife and children under their respective personal laws. The Court distinguishing Section 125 of CrPC from Section 20 (3) of the HAMA, explained that under Section 20 (3) of the HAMA, a parent has to maintain unmarried daughter who is unable to herself out of her own earnings or other property. Court stated, “The pristine Hindu law always recognized the liability of a father to maintain an unmarried daughter. Section 20(3) of the HAMA is a recognition of the principles of Hindu law...

Wife Holding Temporary Job Not Ground To Deny Maintenance, Entitled To Same Standard Of Living As During Marriage: Kerala High Court

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