The Gujarat High Court has made a landmark ruling, affirming that a wife’s earning capacity doesn’t exempt her husband from providing maintenance. The court emphasized that even if a wife engages in work and earns income, it doesn’t necessarily mean she’s financially secure.
A single bench dismissed a revision application from a husband contesting the Family Court’s decision to grant his wife maintenance of Rs 15,000 per month. The court pointed out that the husband’s obligation to support his family remains irrespective of the wife’s employment status.
This case involves a couple married on July 21, 2017, under Muslim Shariat rituals in Jamnagar. Following disputes within the household in January 2018, the wife moved out and began living separately. According to her claims, she left due to unreasonable demands from her husband’s family.
The husband argued he attempted reconciliation through mediation but faced refusal from his wife. In February 2021, she sought maintenance from the Jamnagar Family Court under Section 125 of the CrPC, leading to her receiving financial support.
The husband contested this decision by stating that Section 125(4) of the CrPC should apply since he believed she had no valid reason for leaving him. However, while he reported an annual income of approximately Rs 18.72 lakh and additional earnings as a pensioner and tutor, there was little evidence supporting his claim about his wife’s income status.
The court highlighted discrepancies in their financial disclosures. While the husband claimed his wife earned Rs 30,000 monthly—something not backed by evidence—her own affidavit revealed she previously earned only around Rs 2,000 per month from tuition before moving on to another job with an income of roughly Rs 10,000.
Ultimately, the high court reaffirmed that maintaining a certain standard of living for his family is part of the husband’s social and legal responsibilities.