The Punjab and Haryana High Court ruled that a wife cannot be denied maintenance solely because she is professionally qualified. Justice Sumeet Goel emphasized that unless it is proven the wife abandoned her profession just to seek maintenance, she remains entitled to support, especially when caring for a child.
Chandigarh: In a recent landmark judgment, the Punjab and Haryana High Court ruled that a wife cannot be disqualified from claiming maintenance simply because she is professionally qualified. The case, overseen by Justice Sumeet Goel, addressed a husband’s argument that his wife, being professionally capable, should not be granted maintenance.
Justice Goel ruled that a husband cannot block a maintenance claim on the grounds of professional qualifications unless he proves that the wife had intentionally abandoned her career solely to claim maintenance. The judge emphasized that, in such cases, the husband must present substantial evidence of the wife giving up her profession for financial gain.
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“The wife merely by virtue of being educationally qualified cannot be held disentitled to seek maintenance,” the Court stated.
“Until and unless it is proved that she, being professionally qualified, having taken up a profession, has given up on such profession, just for the sake of seeking maintenance.”
Interestingly, this decision contrasts with a recent observation by another single-judge of the same court. In that case, it was remarked that Section 125 of the Code of Criminal Procedure (CrPC) should not be misused by able-bodied wives seeking to remain idle at home. However, Justice Goel took a different stance in the present case, refuting the husband’s argument that his wife, being professionally qualified, was simply choosing not to work to claim maintenance.
The court dismissed the husband’s reasoning as “misconceived,” noting that there was no claim that the wife had been working prior to seeking maintenance. The family court had also observed that the wife was primarily focused on caring for their child, a factor that played a significant role in the decision.
“The husband has miserably failed to prove any mala fide on the part of the wife in filing the petition for a grant of maintenance by giving up on her own professional income intentionally and deliberately,”
the court added.
The couple, married in 2015, has faced marital discord leading to separation. In 2018, the wife moved out and approached the family court under Section 125 CrPC, seeking maintenance for herself and their minor son. In November 2023, the family court ruled in favor of the wife, ordering the husband to pay Rs. 10,000 per month to his wife and Rs. 5,000 per month to their son. Additionally, the husband was directed to cover the rent for the accommodation of the wife and child.
The husband challenged the decision in the High Court, arguing that his wife was living separately without any just cause, which should disqualify her from claiming maintenance. He also accused her of maintaining improper relationships with male friends. However, the court rejected these allegations as baseless, emphasizing the lack of evidence.
“There is no evidence to substantiate the wild allegations levelled by the husband to assassinate the character of the wife,” the court stated, adding that the husband’s accusations were irrelevant to the case at hand.
The wife, too, had approached the court to seek an enhancement of the maintenance amount. However, the court turned down her request, stating that the family court had already assessed the amount considering the circumstances of both parties.
“The maintenance amount of Rs. 10,000 per month to the wife and Rs. 5,000 per month to the son is not the only amount the husband is paying,”
the court observed. The husband was also covering the rent, which had increased from Rs.10,000 per month in 2019 to Rs. 14,300 per month by 2023.
The court found that the family court had acted within reason when determining the maintenance amount, taking into account both the financial obligations of the husband and the needs of the wife and child.
In this significant ruling, the Punjab and Haryana High Court has upheld the rights of wives to claim maintenance, regardless of their professional qualifications. The judgment underscores that a woman’s ability to work does not negate her right to seek support, particularly when she is fulfilling primary caregiving responsibilities. The court’s decision reiterates the importance of fairness and evidence-based rulings in matrimonial disputes, ensuring that maintenance laws are not misused or unjustly applied.
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