Yes, the wife\’s capability to earn is an important factor in determining maintenance to the wife in India. Under the Indian law, a wife is entitled to receive maintenance from her husband during and after the marriage in case she is unable to maintain herself.
The amount of maintenance to be paid to the wife is determined by various factors, including the income and earning capacity of both the husband and the wife. If the wife is capable of earning and supporting herself, the court may take that into account while determining the amount of maintenance to be paid.
However, the wife\’s earning capacity alone may not be the only factor considered, and the court may also consider other factors such as the husband\’s income, the standard of living of the parties, and the needs of the wife and any children of the marriage. The amount of maintenance awarded is typically based on a variety of factors and varies on a case-by-case basis. Even if the wife earns more than the husband, she may still be entitled to maintenance in India if she is unable to maintain herself. The entitlement to maintenance is not based solely on the income or earning capacity of the parties, but on the overall circumstances of the case.
Therefore, if the wife is unable to maintain herself despite earning more than the husband, she may still be entitled to receive maintenance from the husband under Indian law.
The entitlement of a wife to maintenance from her husband in India is based on various provisions of the law, including the Hindu Marriage Act, 1955, the Code of Criminal Procedure, 1973, and the Indian Divorce Act, 1869.
The Supreme Court of India has also clarified the position on this issue in several cases. In the case of Jasbir Kaur Sehgal v. District Judge, Dehradun and Others (1997), the Supreme Court held that a wife\’s entitlement to maintenance is not affected by her ability to earn or her actual earnings.
In this case, the wife filed a petition for maintenance under Section 125 of the Code of Criminal Procedure, 1973, after her husband deserted her. The husband contended that the wife was a qualified teacher and was capable of earning, and therefore not entitled to maintenance.
The Supreme Court held that a wife\’s entitlement to maintenance is not affected by her ability to earn or her actual earnings. The court observed that maintenance is a measure of social justice meant to provide support to a spouse who is unable to maintain themselves.
The court further held that the object of maintenance is to ensure that the wife is not reduced to a position of destitution and is able to live with reasonable comfort and dignity, as she would have lived in the matrimonial home. The court also noted that maintenance is not limited to the mere subsistence of the wife but should also take into account the standard of living of the parties.
The court emphasized that maintenance is a continuous obligation of the husband, and the wife is entitled to receive it even during the pendency of the proceedings. The court also observed that the husband has a moral obligation to maintain his wife, and the wife\’s right to maintenance is not lost even if she remarries.
In summary, the Jasbir Kaur Sehgal judgment is significant as it established that a wife\’s entitlement to maintenance is not affected by her ability to earn or her actual earnings. The judgment also emphasized that maintenance is a measure of social justice meant to ensure that the wife is not reduced to a position of destitution and is able to live with reasonable comfort and dignity. The judgment has been widely cited in subsequent cases and has had a significant impact on the law relating to maintenance in India
In short, the entitlement of a wife to maintenance in India is not based solely on her income or earning capacity, but on a variety of factors that are considered on a case-by-case basis.
