Maintenance to Working Women

INTRODUCTION
The end of a marriage has many consequences, and one of them is the question of maintenance. A common question that arises is whether the spouse will get maintenance, and if so, on what basis. The legal framework in India provides a clear picture of granting maintenance depending on the particular circumstances of each case.

WHAT IS MAINTENANCE?
When a spouse is unable to support themselves after the failure of the marriage, then the court may order the other spouse to support their spouse to live a life with dignity and with the same standards as at the time of marriage. Maintenance is a kind of financial security given by one spouse to another. There are various conditions that need to be fulfilled to become eligible for maintenance.

WHAT DOES LAW SAY ON MAINTENANCE?
Maintenance provisions are given under the Hindu Marriage Act, 1955 and Bharatiya Nagarik Suraksha Sanhita, 2023, which are discussed as under :
1. Hindu Marriage Act, 1955—Section 24—This section empowers the court to grant interim maintenance and litigation expenses to either spouse if they are not able to afford legal proceedings or lack adequate financial income. The maintenance is provided only during the proceedings, and while granting maintenance, the circumstances, property, and income are taken into consideration.
Section 25 - This section deals with permanent alimony, which is granted after completion of court proceedings. This can be granted to either spouse.
2. Hindu Adoptions and Maintenance Act, 195 - Section 18 - This section specifically deals with the maintenance of a wife, subject to some situations.
3. Bharatiya Nagarik Suraksha Sanhita, 2023- Section 144 - This section also provides for the maintenance of the wife. This section provides for the maintenance of all the wives irrespective of their religions when they are not able to support themselves financially.

STATUS OF MAINTENANCE IF THE WIFE IS FINANCIALLY INDEPENDENT
The general principle says that if the wife is financially independent and earns enough or is capable of earning enough to support herself, then she is not entitled to maintenance. But, this depends on various other conditions such as the standard of living of the wife before and after marriage, property her husband owns or income of her husband and of her own. In Rajnesh vs. Neha (2021), the Supreme Court held that conditions like: standard of living, income and property of both the parties, reasonable needs of the claimant, earning capacity, age and health, and dependent children should be taken into consideration.
If a wife has a strong source of income and is capable of supporting herself, then she can’t be granted maintenance. In Yashwani Verma v. Virender Verma, the wife was a retired teacher with a pension, and she was living with her two sons, who were earning. She demanded Rs. 60,000 per month and Rs. 100,000 as litigation expenses. She was living separately from her husband for nearly 4 decades. The husband had no source of income and was drowning in debt. In this case, the question raised before the court was whether the spouse, who is financially independent, can seek maintenance under section 24, HMA. The court ruled that relief under section 24, HMA, is not automatic. The appellant had multiple sources of income. Therefore, she was not granted maintenance.
 A highly qualified wife can be denied maintenance even though she is unemployed. In the case of Megha Khetrapal vs. Rajat Kapoor, the Delhi High Court denied interim maintenance to the wife, who was highly qualified and well-educated and had prior experience in some work. The court ruled that if a wife is capable of earning, but sitting idle and unemployed can’t be granted maintenance.

CONCLUSION
Indeed, in some cases, a wife can be granted maintenance if she is earning, but other factors are also taken into consideration, like standard of living, other dependent members like children or parents, income of the spouse or property owned by the spouse. The Indian courts have delivered many diverse judgments clearly specifying the basis of granting maintenance. Merely a wife's earnings don't make her ineligible for maintenance, given that she has enough sources of income to support herself. The scenario differs from case to case. Generally, the fact that she is financially independent has a significant impact and becomes a strong basis for not granting relief of maintenance.