Employed Wife Cannot Claim Maintenance From Husband: Karnataka High Court

KARNATAKA: The Karnataka High Court has ruled that a gainfully employed and financially independent wife cannot claim maintenance from her husband merely because he earns more. Justice Dr Chillakur Sumalatha set aside a Family Court order directing a husband to pay ₹20,000 monthly maintenance to his wife, who was already earning ₹54,700 per month.

The case began when the wife filed a maintenance petition under Section 144 BNSS, 2023, demanding ₹85,000 per month. On July 4, 2025, the Family Court, Chikkamagaluru, awarded her ₹20,000 monthly, mainly because the husband's income was higher.

Read Also:- Husband Must Maintain Wife First, Loan EMIs No Defence: Supreme Court Enhances Maintenance To ₹25,000

The husband, a software professional earning ₹2 lakh per month, challenged the order before the High Court. He argued that his wife was a qualified computer science graduate, worked as a technical writer, and earned enough to support herself.

He also submitted that he suffered from chronic medical conditions and had substantial treatment expenses. He further alleged that his wife had threatened to file false cases against him after their separation. These were the husband's allegations, not independent findings of the Court.

Read Also:- Can Maintenance Be Reduced Or Cancelled Later? Indian Law Every Husband Must Know

The High Court examined both parties' financial affidavits in light of the Supreme Court's judgment in Rajnesh Vs. Neha and Another, (2021) 2 SCC 324. It found that the wife earned ₹54,700 monthly and claimed to spend approximately ₹35,000 on maintaining her dependent parents.

The Court clarified that Section 144 BNSS requires a wife seeking maintenance to establish two essential conditions:

(i) That the husband neglected or refused to maintain her and

(ii) That she is unable to maintain herself.

The Court explained that the husband's financial capacity becomes relevant only after these conditions are established.

Read Also:- How to Fill the Rajnesh v. Neha Income, Assets and Liabilities Affidavit Without Costly Errors

The Karnataka High Court clarified that a wife must establish her inability to maintain herself before claiming maintenance from her husband. Marriage alone does not automatically entitle a woman to financial support. If the wife is well-educated, gainfully employed and earning sufficient income to support herself, she cannot be considered financially dependent on her husband. The Court held that financial independence and self-sufficiency are valid grounds to reject a wife's maintenance claim.

The High Court also considered the husband's medical condition and treatment expenses. It held that a husband's higher salary does not automatically create maintenance liability when his wife is financially self-sufficient.

Referring to the wife's own financial disclosures, the Court stated:

"When the wife herself contends that her parents are depending upon her and that she incurs a sum of Rs.35,000/- per month for their maintenance, this Court cannot appreciate her stand that she is depending upon her husband and thereby a direction is required to be issued to her husband to maintain her."

The Court further clarified that an employed wife may still claim maintenance if her income is insufficient to support herself.

It observed:

"No doubt, as earlier discussed, the income of the husband is more than that of his wife. If the income of the wife is grossly low, which is not sufficient to maintain herself, undoubtedly such wife is liable to be maintained by her husband."

However, the Court found that the wife in this case was earning enough to maintain herself and was also supporting her parents.

It held:

"However, in the case on hand, through the amount she earns, as per her own version, she is maintaining her parents. Therefore, she cannot be considered to be the dependent of her husband. Thus, the impugned order, through which liability is imposed upon the husband to pay maintenance to his wife, is required to be set aside."

Accordingly, the Karnataka High Court allowed the husband's revision petition and set aside the Family Court's order dated July 4, 2025, granting ₹20,000 monthly maintenance.

However, to keep the possibility of an amicable settlement open, the Court directed the husband not to initiate proceedings to recover any maintenance already paid to his wife.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Employed Wife Denied Maintenance: Karnataka High Court rejected the ₹20,000 monthly maintenance order.
• Marriage Is Not Automatic Maintenance: A financially independent wife cannot claim maintenance merely because she is married.
• Higher Salary Is No Ground: A husband earning more does not automatically make him liable to pay maintenance.
• Husband's Financial Burden Matters: The court considered his medical condition and treatment expenses.
• Financial Need Must Be Proved: Maintenance under Section 144 BNSS requires proof of inability to maintain oneself.