In a pivotal ruling, the Punjab and Haryana High Court has declared that a wife’s professional qualifications do not automatically disqualify her from claiming maintenance from her husband. Justice Sumeet Goel presided over the case, addressing the contentious issue of whether a professionally qualified wife is entitled to maintenance.
The court dismissed the husband’s claim that his wife, due to her professional capabilities, should be ineligible for maintenance. Justice Goel emphasized that disqualification can only occur if the husband proves that the wife abandoned her career solely to seek maintenance. He stated, “The wife merely by virtue of being educationally qualified cannot be held disentitled to seek maintenance,” underscoring that substantial proof is required to show that the wife quit her profession for financial gain from the maintenance.
This judgment diverges from a previous observation by another judge of the same court, who noted that Section 125 of the Code of Criminal Procedure (CrPC) should not be exploited by capable wives who choose not to work. However, Justice Goel highlighted that the husband had not established that the wife was working before she filed for maintenance and noted her primary role in child care.
The background of the case involves a couple married in 2015 and separated in 2018 when the wife left the marital home citing discord and later filed for maintenance for herself and their minor son. In November 2023, the family court sided with the wife, awarding her Rs. 10,000 per month and Rs. 5,000 for their son, along with covering the rent for her accommodation.
Challenging the family court’s decision, the husband argued that his wife was living separately without just cause and accused her of having inappropriate relations, allegations the high court found to be baseless and irrelevant to the maintenance claim.
Furthermore, the wife’s request for an increase in the maintenance amount was declined by the court, which held that the initial assessment was fair based on both parties’ circumstances. The court observed that the husband’s financial obligations, including the rent which had increased from Rs. 10,000 in 2019 to Rs. 14,300 in 2023, were adequately considered.
