Wife entitled to maintenance even if she is capable of earning, as long as her income is insufficient

Kerala High Court Verdict

Thiruvananthapuram (Kerala) – If a wife’s income is not stable or she is unable to meet her own expenses, her right to claim maintenance remains intact. She cannot be denied this right, the Kerala High Court ruled in a significant divorce case. Justice Kauser Edappagath delivered the judgment while referring to Supreme Court rulings. The judge stated that there is a difference between having the capacity to earn and actually earning sufficient income.

What is the case about ?

The woman told the court that she knows tailoring but does not have a permanent job and her income is not sufficient. She accused her husband of mental and physical abuse. After the couple separated, the children started living with the mother. Hence, she demanded maintenance for herself and the children.

Her husband is a tailor and earns enough to pay maintenance to his wife and children. The woman demanded ₹15,000 per month for herself and ₹10,000 per month for each of the two children.