Can working women ask for maintenance?

The Hindu Adoption and Maintenance Act, 1956 gives the right to a woman to ask for maintenance after separation. However, what happens when the wife is already earning enough to sustain herself? Down below, we will try to answer this question.

According to the Section 3(b) of the Hindu Adoption and Maintenance Act, 1956, the word “maintenance” is defined as:

The amount of money that a husband pays to his wife who is not able to sustain herself, or his children, or his parents.

This section clearly illustrates that the husband is responsible for supporting his family after separation

• At the point when the spouse can't support herself all alone.

• At the point when the procedures of the separation are going on.

This monetary help can be paid by the spouse month to month or in a single amount. The concept of maintenance was initiated to restore the wife in a similar position of comfort and lifestyle as she was before the separation. The Hindu Adoption and Maintenance Act is responsible for the provisions governing the rules related to the right of maintenance of a Hindu married woman.

Under this Act, the wife, the daughter-in-law, the children, the elderly parents, as well as the other dependents have a fair right to claim their maintenance. 

In case of a divorce, the wife can file for maintenance. However, the issues before court arise when the wife earns enough to sustain herself financially. It is certainly true that the fact whether the woman is earning or not does not affect her right to claim maintenance, but it does affect the quantum of maintenance she will receive. 

In the case of Chaturbhuj V. Sita Bai [(2008) 2 SCC 316], the Hon’ble Supreme Court ruled that as per Section 125 of the Code of Criminal Procedure, 1973 merely the fact that the wife earns some amount of money does not mean that she has lost her right to request maintenance. The question that needs to be answered is whether the amount she earns is enough to maintain and support herself with similar facilities and position as was before marriage.

The question was answered elaborately by the Hon'ble Supreme Court in the case of Bhagwan Dutt vs Kamla Devi. The learned bench of Sarkaria and Ranjit Singh ruled that merely the fact that the wife is employed and making money does not mean that she has lost her right to attain maintenance.

However, the judges also stated that the separate income of the woman will be taken into consideration while finalizing the amount of maintenance. Thus, the fact that the woman is working does not mean that he cannot ask for maintenance but the amount she will receive depends on her separate income.

For a more detailed understanding, refer to the case study of "Bhagwan Dutt vs Kamla Devi" by clicking the link below.

Case Study of Bhagwan Dutt vs Kamla Devi