NEW DELHI: The Supreme Court has denied a woman’s plea for maintenance from her estranged husband, citing that both spouses hold the same job position and are financially independent.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan ruled against granting maintenance to the woman, who, like her husband, works as an assistant professor. “Both the petitioner (wife) and respondent (husband) hold the same post of Assistant Professor. No case for interference is made out under Article 136 of the Constitution of India. The special leave petition is accordingly dismissed,” the court stated in its order.
Husband Opposes Maintenance Claim
The woman had approached the Supreme Court after her maintenance plea was rejected by both the Madhya Pradesh High Court and a trial court. Her estranged husband opposed her claim, arguing that she earns approximately ₹60,000 per month and is financially self-sufficient. His counsel, advocate Shashank Singh, contended that since both held equivalent positions, she was not entitled to maintenance.
The wife, however, argued that her husband’s earnings were nearly ₹1 lakh per month and that a woman’s earning capacity alone does not absolve a husband of his obligation to provide maintenance. Given the dispute over their respective incomes, the court had earlier directed both parties to submit their salary slips for the past year.
After reviewing the case, the Supreme Court upheld the decisions of the lower courts, reaffirming that maintenance is not an automatic entitlement when both spouses are on equal financial footing.
