NEW DELHI: Observing that a woman who is employed, holds the same position as her husband, and is capable of supporting herself independently, the Supreme Court has rejected her plea for wife maintenance from her estranged husband.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan declined to grant relief to a woman, an assistant professor, who had sought maintenance from her husband. “Both the petitioner and the respondent (husband and wife) hold the same position of Assistant Professor. No grounds for interference are made out under our jurisdiction as per Article 136 of the Constitution of India. Accordingly, the special leave petition stands dismissed,” the court stated in its brief order.
The bench was considering a plea from the wife requesting maintenance, which was contested by her estranged husband. He argued that she was financially independent and did not require maintenance. Opposing her plea, advocate Shashank Singh, representing the husband, informed the court that she earned approximately ₹60,000 per month and that both held positions of the same grade.
However, the wife argued that she was entitled to maintenance and that her earning capacity and qualifications should not automatically exempt the husband from his obligation to provide support. She informed the bench that her husband earned approximately ₹1 lakh per month. Given the dispute over their respective salaries, the court directed both parties to submit their salary slips for the past year.
The wife had approached the Supreme Court after both the Madhya Pradesh High Court and a trial court rejected her maintenance plea.