Karnataka High Court: Courts Cannot Automatically Award Maintenance to Wife Earning More Than Husband
The Karnataka High Court has ruled that trial courts cannot automatically grant maintenance to a wife solely because she files a petition under laws such as the Protection of Women from Domestic Violence Act, the Hindu Adoption and Maintenance Act, or the Code of Criminal Procedure. This is particularly applicable when the wife earns more than the husband, the court observed.
Justice Chillakur Sumalatha made the observation while setting aside an interim maintenance award of ₹20,000 per month passed by a magistrate court in Mysuru in favour of a wife who earns around ₹1.64 lakh per month. The husband, who earns about ₹60,000 per month, had challenged the order.
“Only because a woman, more particularly a wife, files a petition invoking the provisions… the courts cannot straightaway pass an order awarding some amount towards maintenance payable by the husband,” the judge said.
The High Court emphasised that when a wife is financially sound and her income exceeds that of her husband, and she has no liabilities such as caring for children, courts should not grant maintenance on the mere ground that women ought to be maintained by men. Maintenance should only be awarded when the wife demonstrates she lacks financial resources to maintain herself according to her husband’s standard of living.
In this case, the couple married in 2024 and lived together for only two months. The wife had sought interim maintenance of ₹1.13 lakh per month, claiming she needed to repay loans taken for the wedding. However, the High Court noted she failed to produce any documents supporting her borrowing claims.
The court clarified that these observations pertain solely to the interim maintenance order and will not influence the final disposal of the case before the trial court.
