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Husband cannot deny maintenance to working wife on the grounds that he is taking care of the expenses of the child such as school fee etc.

Maintenance has been defined under the Hindu Adoption and Maintenance Act, 1956. Section 3(b) of the Act provides -

“Maintenance” includes:

(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;

(ii) in the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage;

According to Section 24 of the Hindu Marriage Act, 1955, either party to a marriage who does not have sufficient independent income to support themselves may request maintenance during the pendency of a matrimonial dispute. It is important to note that this provision applies to both spouses, allowing either the husband or wife to seek interim maintenance.

According to Section 125 of the Code of Criminal Procedure, a wife who does not have sufficient means to support herself may request maintenance from her husband. This provision does not provide any benefits to husbands. It is worth noting that this provision is available to all wives, regardless of their religion, as it is not restricted to a specific faith.

Maintenance is a form of financial support that is provided by one spouse to the other after a divorce or legal separation. It is intended to help one spouse maintain their standard of living, particularly if they were financially dependent on the other spouse during the marriage. Maintenance may be granted to a working woman who is not earning enough to support herself and is partially dependent on their husband's income. In these cases, the woman may be eligible to receive maintenance to help meet financial needs.

Landmark Judgments:

In the case of Chaturbhuj vs. Sitabai ,Appeal (Crl.) 1627 of 2007, it was held that a wife can still request alimony even if she is earning an income. The Supreme Court ruled that a woman who is separated from her husband can request maintenance from him even if she is earning a monthly income, as long as it is not sufficient for her to support herself. The court also stated that the phrase "unable to maintain herself" does not require a wife to be completely destitute before she can apply for maintenance.

The Delhi High Court in Jaspreet Singh Vs. Swaneet Kukreja (CRL.REV.P. 162/2021 & CRL.M.As. 5576/2021, 8691/2021) and Swaneet Kukreja Vs. Jaspreet Singh (CRL.REV.P. 194/2021) held that a wife's interim maintenance cannot be denied even if she is capable of earning an income and is a working professional. The Court observed that “the Ld. ASJ has correctly noted that even if it is proved that the wife is capable of earning and is a working professional, it is still no ground to deny her interim maintenance. Therefore, the direction of Rs. 1,25,000/- being paid per month as interim maintenance, with the wife and minor child receiving Rs. 62,500/- each, is an appropriate amount, considering the income of the husband. This Court finds no merit in the submissions of either the wife or the husband challenging the said Order and, therefore, does not deem it fit to interfere in the impugned Order dated 06.03.2021.”

In the case of Amit Kumar vs. Navjot Dubey, CR No. 6198 of 2013, the Punjab and Haryana High Court upheld the decision of the lower court to award interim maintenance to the wife under Section 24 of the Hindu Marriage Act, 1956, even though she was earning more than her husband. The wife was also taking care of their two children. The High Court's decision reaffirmed the right to maintenance for working wives. The court held, “Taking into consideration, prices of daily necessities of life, expenses on education of the children, who have to meet the challenges of the society and face peer pressure, I find it difficult to accept contention of the petitioner that maintenance pendente lite assessed by the court below is on higher side and requires reduction.” The court noted that the wife is entitled to the same standard of living as if she were still living in the matrimonial home, stating that this is a well-established principle in law. Therefore, the court rejected the husband's argument and upheld the decision of the district court.

In the Neha Mathur & Anr. v. Dr. Arvind Kishore, S.B. Criminal Misc. Application No. 243/2022, the Rajasthan High Court ruled that a wife is still entitled to receive maintenance from her husband, even if she is earning an income herself. The Court stated that the husband's charge of desertion does not disqualify the wife from receiving maintenance. The Court also noted that, based on the husband's monthly income of INR 12,00,000 and the wife's monthly income of INR 85,000, the husband has the means to pay a reasonable amount of maintenance, which should be 1/12th of his income, rest of the Income would easily cover the high cost of living in the US. The Court thus held “the amount of monthly maintenance as awarded by the learned court below, vide the impugned order dated 30.08.2018, to the wife and the son, is enhanced to Rs.75000/- (for wife) and Rs. 25000/- (for son)".

References:

https://blog.ipleaders.in/do-earning-wives-have-right-to-maintenance/?amp=1

https://primelegal.in/2022/03/02/wifes-interim-maintenance-cannot-be-denied-even-if-she-is-capable-of-earning-and-is-a-working-professional-high-court-of-delhi/

https://matrimonialadvocates.com/alimony-to-working-women-in-india/