Kerala High Court ruled that an unemployed, highly qualified wife cannot be denied maintenance merely for her earning potential. Section 125 CrPC ensures actual inability to sustain, granting maintenance until she earns enough to support herself, said the court.
Kerala: The Kerala High Court recently ruled that a wife’s temporary job and income from it do not disqualify her from seeking maintenance under Section 125 of the Code of Criminal Procedure (CrPC). Justice Kauser Edappagath, while delivering the judgment, referred to earlier decisions from the Supreme Court and emphasized that a wife, regardless of her employment or income, is entitled to maintenance if her earnings do not support the standard of living she enjoyed while living with her husband.
The Supreme Court has established eight guidelines for determining permanent alimony in divorce cases, focusing on socioeconomic factors and the well-being of children. This follows the suicide of techie Atul Subhash, which highlighted alleged harassment and misuse of legal provisions surrounding dowry and maintenance, stirring public concern over justice issues.