Orissa High Court Upholds Maintenance Order for Working Wife Against Husband's Claims
MBA graduate with ‘no income’ can’t deny maintenance to working wife, rules Orissa High Court
The Indian Express
Image: The Indian Express
The Orissa High Court has upheld a maintenance order requiring a husband to pay ₹6,000 monthly to his employed wife, emphasizing that his ability to earn is presumed due to his educational background and previous employment. The court dismissed his claims of financial incapacity, reinforcing the husband's obligation to support his wife.
- 01The Orissa High Court ruled that a husband must pay ₹6,000 monthly maintenance to his wife.
- 02The court emphasized that being able-bodied and educated, the husband is presumed capable of earning.
- 03The husband's claims of having no income were dismissed due to lack of evidence.
- 04The court reiterated the legal obligation of husbands to maintain their wives and children.
- 05The wife's employment does not negate the husband's duty to provide financial support.
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The Orissa High Court has reaffirmed the obligation of husbands to maintain their wives, ruling that a husband with an MBA degree must pay ₹6,000 per month in maintenance to his employed wife, who works as an assistant revenue inspector in Cuttack, Odisha. Justice Mruganka Sekhar Sahoo noted that the husband, having previously worked for companies like Harman Company and Wipro, failed to provide evidence to support his claim of having no income. The court stated that as an able-bodied individual, he is presumed capable of earning sufficient income to support his wife. The husband challenged a family court order from September 2024, which directed him to pay maintenance effective from January 2020, arguing that his wife’s salary of approximately ₹31,000 per month disqualified her from receiving support. However, the court maintained that the husband's financial capabilities and educational background obligate him to fulfill his duty regardless of his wife's income. The ruling underscores the legal principle that a husband cannot deny maintenance claims based on financial constraints if he is capable of earning.
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This ruling reinforces the legal obligation of husbands to provide financial support to their wives, impacting maintenance claims in similar cases.
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