A Mumbai trial court had denied maintenance to a woman on the ground that she was earning more than her husband was earning. The order was later upheld by the Sessions Court. Relief was denied to her by the court. Appeals were filed by the parties in the session court. The woman had asked for maintenance, and she had also pleaded increase in money for the support of the child.
The husband had refused to admit that he was the father of the child. Court stated this negatively. It iterated that she is earning more than her husband. Hence, there is no point in seeking maintenance from him. The court observed that a working woman is entitled to maintenance. However, the other circumstances should be taken into consideration too. It will be determined by the facts and circumstances of the case.
The woman had alleged domestic violence against her husband and her in-laws and had filed a case for it. She said that she had to leave her house when she had given birth to a child. The husband was ordered to pay Rs. 10,000 monthly for the upbringing of the child. She had contended that when her husband and her in-laws came to know about her pregnancy, they started questioning her character. She stated that she was living with her husband when she conceived the child. Furthermore, she had also alleged that her husband was undergoing sexual treatment. He had suppressed this from her.
Source: https://lawtrend.in/wife-earns-more-than-husband-sessions-court-upholds-order-refusing-maintenance-to-wife/