Kerala High Court Ruling
The Kerala High Court ruled that a wife with a temporary job can still claim maintenance if her income is insufficient for her needs. Justice Kauser Edappagath emphasized that earning a small income does not disqualify a woman from seeking financial support from her husband.
Wife’s Right to Maintenance
The court noted that the wife, who had a temporary job and was living in a rented house with her dependent daughter, had the right to claim maintenance.
Case Background
The court was hearing two revision petitions:
The wife and eldest daughter challenged the Family Court’s order that denied maintenance. They sought ₹45,000 per month from the husband. The Family Court ruled against the wife, stating that she worked as a Clerk in Matsyafed. It also denied maintenance for the eldest daughter, who had reached legal adulthood.
The husband filed a petition against the Family Court’s order directing him to hand over original life insurance certificates to his wife.
Arguments by Both Parties
The wife’s counsel argued that the husband was a Navy Captain earning ₹9 lakh per month. She was a contract worker with no permanent income.
For the eldest daughter, the counsel cited Section 20(1) of the Hindu Adoptions and Maintenance Act (HAMA), which allows an unmarried daughter to seek maintenance until marriage.
The husband countered that his wife had permanent employment and a stable income. He also claimed he resigned from the Navy and had no job except for an LIC pension.
Court’s Observations on Maintenance
The High Court ruled that a wife must maintain the same standard of living as during her marriage. It relied on Supreme Court precedents, stating:
The court also clarified that Section 125 CrPC allows a wife to seek maintenance for a dependent child, even if the child has turned 18.
Husband Must Prove Inability to Pay
The court found that the husband was a well-educated, experienced sailor and capable of earning. It ruled that:
“An able-bodied husband cannot avoid his legal duty to support his wife and child. If he claims inability, he must provide clear evidence of financial distress.”
Hindu Law and Maintenance for Unmarried Daughters
The court distinguished between Section 125 CrPC and Section 20(3) of HAMA:
Section 125 CrPC: A major unmarried daughter cannot claim maintenance unless she has a physical or mental disability.
Section 20(3) HAMA: A father is legally bound to support an unmarried daughter if she cannot support herself.
Since the daughter did not claim maintenance under HAMA, the court ruled that she was not entitled to maintenance under Section 125 CrPC. However, she could approach the Family Court under Section 20(3) HAMA.
Final Orders
The Family Court’s order denying maintenance to the wife was set aside.
The case was sent back to the Family Court to determine the amount of maintenance.
The husband was ordered to hand over insurance policy certificates to the wife.
Key Takeaways
A temporary job does not disqualify a wife from claiming maintenance.
A wife has the right to live at the same standard as during the marriage.
An able-bodied husband must provide financial support unless he proves genuine inability.
Unmarried daughters can claim maintenance under HAMA, even after turning 18.
