High Court Upholds Maintenance Order for Engineer's Wife

Madhya Pradesh High Court Rules in Favor of Wife Seeking Maintenance

In a significant ruling, the Madhya Pradesh High Court has upheld a Family Court's order directing a husband to pay Rs 40,000 as maintenance to his wife, who holds a Bachelor of Engineering degree. The court emphasized that there is a clear distinction between the possibility that a person "may earn" and the reality that she "is earning."

The case of Saurabh Malviya vs Apurva Malviya revolves around a dispute over maintenance under Section 125 of the Criminal Procedure Code. The parties were married in 2018 and lived together until August 2022. After separation, the wife filed an application in April 2023 seeking Rs 50,000 per month as maintenance, alleging cruelty and financial demands by the husband.

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The husband opposed the claim, arguing that the wife was highly educated and capable of earning. He contended that she was already earning through employment and freelance work and therefore not entitled to maintenance. However, the High Court upheld the Family Court's decision, observing that there is a clear distinction between a person who "may earn" and one who "is actually earning."

The court noted that the wife had left her job due to marital obligations, and there was no concrete evidence showing she was currently earning enough to sustain herself. Given that the husband was in a well-paying position, the Court held that he had a legal duty to maintain his wife.

Experts suggest that, for similar cases, courts will assess actual earnings, not earning capacity, before denying maintenance. This ruling is seen as a win for common sense, as it prioritizes "actual earning" over "capacity to earn."

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