Introduction
The Kerala High Court has made it clear that a wife cannot be denied maintenance simply because she knows how to work or does small jobs occasionally. In a recent judgment, the Court said that a ‘Wife Cannot be Denied Maintenance’ unless it is proved that she is earning enough to support herself. The purpose of the maintenance law is to ensure financial security and social dignity of a wife after separation.
What Led to the Case?
The case came before the High Court after a wife challenged a family court order. She had asked for maintenance for herself and her two children. But she has been refused by the court to get maintenance for herself. The court refused it on the ground that sometimes she does some tailoring work and helps her brother at his shop. The court only granted maintenance for the children.
However, she appealed to the Kerala High Court that she does not have a stable income and she is unable to maintain herself and her children on her own.
Court’s View: Capability to Earn Actual Earnings
The High Court agreed with her. The judges observed that the law does not deny maintenance only because a wife can work. What matters is whether she actually earns enough to take care of herself. In many cases, women may have skills or do small jobs, but that does not automatically mean they can meet their monthly expenses.
The Court stressed that the purpose of maintenance is to prevent hardship and ensure that a wife does not have to live in financial distress after separation. Therefore, the principle Wife Cannot be Denied Maintenance’ must be understood in a practical and realistic way.
The Court noted that raising two children is itself a responsibility that makes regular employment difficult. Even if a wife puts in some effort to earn something, it may not be enough to cover essential needs like food, rent, education, medical expenses, and other daily costs.
Why This Ruling Matters
This judgment is important because many women across the country do not have full-time or well-paid work. Some may be skilled, but they do not have steady income or job security. If courts deny maintenance simply because a wife has the ability to earn, many genuine claimants would suffer.
Conclusion
It can be concluded that the High Court has balanced the law by taking this decision that a ‘Wife Cannot be Denied Maintenance’ just because she can earn. The court made it clear that it is upholding the purpose of maintenance law by helping the women who actually need financial security.Separated women and her children cannot be left alone because she occasionally earns some money.
About Author
Ruchi Dalmia holds an LL.M. in Corporate Law and is building her career in the corporate legal field. She possesses strong skills in contract drafting, paralegal work, and legal research. Passionate about Corporate and Commercial Laws, she enjoys exploring how legal principles operate within real-world business contexts. Through her writing, Ruchi strives to make complex legal topics clear, practical, and accessible for readers.