Answer By law4u team
Yes, a working wife can claim maintenance from her husband under certain conditions, even if she is financially independent. The key factors that courts consider include the wife's financial needs, her standard of living during the marriage, and her ability to maintain that standard after separation.
Circumstances for Claiming Maintenance:
Standard of Living During Marriage:
If the wife was accustomed to a certain standard of living during the marriage and her income is insufficient to maintain that lifestyle after separation, she may claim maintenance.
Financial Needs:
Even if a wife is working, she might still be entitled to maintenance if her earnings are not enough to meet her basic living expenses, especially if she has dependent children or other financial obligations.
Wife’s Contribution:
Courts may also consider whether the wife contributed to the household or raised children, thus limiting her own earning potential during the marriage. If her career was affected by domestic responsibilities, she may be entitled to maintenance.
Husband’s Financial Capacity:
The husband’s income and his ability to pay maintenance also play a role. If the husband has a significantly higher income and the wife is unable to maintain herself, the husband may be ordered to provide maintenance.
Physical or Mental Health:
If the wife suffers from health conditions that hinder her ability to earn a livelihood, she may claim maintenance regardless of her employment status.
Legal Framework:
Under Section 125 of the Criminal Procedure Code (CrPC) in India, a wife (whether employed or not) is entitled to claim maintenance if she is unable to maintain herself. Additionally, Section 24 of the Hindu Marriage Act, 1955 also provides for interim maintenance during divorce proceedings.
Example:
If a wife is working but her income is insufficient to maintain the lifestyle she had during the marriage, she can approach the court for maintenance. For example, if the husband is a high-earning professional and the wife is working but earning less, the court might direct the husband to pay maintenance based on his higher earnings and her financial needs.
Conclusion:
A working wife can claim maintenance if she proves that her income does not meet her essential needs and that her standard of living during the marriage warrants support. The court will consider various factors such as the husband's financial capacity, the wife’s needs, and the contributions made during the marriage.
