When will the wife not have to pay alimony during the divorce hearing?

If any issue is discussed the most after the breakdown of marriage, it is maintenance. The common belief is that in case of divorce or separation, the husband has to provide maintenance to the wife in any case. But the law does not say so. Indian courts give their verdict in every case considering the financial condition, income, needs and circumstances of the husband and wife. This means that merely being a wife is not a guarantee of getting maintenance allowance. If the wife herself is financially capable or her income is more than the husband, then the court can also refuse to pay maintenance.

Recently, Karnataka High Court has given one such important decision. The court said that if the wife’s income is more than the husband and she is capable of bearing her own expenses, then she cannot be given maintenance just because she is a wife. The court made it clear that the purpose of maintenance is not to give additional financial benefit to anyone, but to help the person who is not able to support himself. This decision has once again raised the question under what circumstances the wife does not get maintenance allowance.

What did the Karnataka High Court say?

Karnataka High Court said in its decision that if the wife’s income is more than the husband and she is financially independent, then there is no justification in giving her interim maintenance allowance. The court said that the purpose of the law is to help the needy spouse, and not to provide additional benefits to the financially capable person.

Under what circumstances cannot a wife receive maintenance allowance?

• The wife’s income should be more than the husband’s and she can bear her own expenses.
• The wife should be financially independent and have regular income.
• The wife should have sufficient assets, investments or other sources of income.
• If the court feels that the wife is living separately from the husband without any valid reason (the decision is taken on the basis of facts in every case).
• If the wife remarries, normally the alimony may end.

What does the order say?

A single judge bench headed by Justice Dr Chilakur Sumaltha said in the order, if the wife is self-earning, her income is more than the husband and she can easily meet her expenses, and she also does not have additional responsibilities like taking care of children, then maintenance cannot be given to her merely because she is a woman or a wife. The court orders maintenance only when it is proved that the wife does not have sufficient financial means to support herself and is not able to maintain the same standard of living as her husband.

No maintenance allowance for the earning wife?

it’s not like that at all. Mere employment or income does not become a basis for rejection of maintenance allowance. The court also sees whether the wife’s income is sufficient for her needs or not. In many cases, the wife works, but her income is very low, while the husband’s income is very high. In such a situation, the court can order to pay maintenance allowance to the husband, so that there is not a huge difference in the standard of living of both.