Husband need not pay maintenance if wife earns more: Karnataka High Court
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The Karnataka High Court has ruled that a husband cannot be compelled to pay maintenance to his wife if she is financially independent, earns more than him, and has no dependents.
Allowing a petition filed by a husband, Justice Dr Chillakur Sumalatha set aside a trial court order that had directed him to pay Rs 20,000 per month as maintenance to his estranged wife.
The couple married in 2024 but began living separately within a few months. Court records showed the husband earned a monthly salary of Rs 60,646, while the wife earned around Rs 1 lakh per month.
Despite earning more than her husband, the wife sought maintenance before the trial court, which granted her monthly maintenance. The husband challenged the order before the High Court.
After examining the financial status of both parties, the High Court found that the wife was financially self-sufficient and had no responsibility to maintain children or other dependents. It held that there was no legal basis to direct the husband, who earned substantially less, to pay maintenance.
The court observed that maintenance is meant to provide financial support to a spouse who is unable to maintain herself and cannot be awarded merely because of the marital relationship.
Justice Sumalatha said courts should not proceed on the assumption that a husband is always obligated to financially support his wife. Instead, maintenance claims must be decided based on the financial capacity and circumstances of both parties.
The High Court further clarified that interim or permanent maintenance should be granted only when the wife establishes that she lacks sufficient independent income to maintain herself at a standard of living comparable to that enjoyed during the marriage.
Setting aside the trial court's order, the High Court said directing a husband to pay maintenance to a financially secure wife earning a higher salary would not be legally sustainable.