The Madhya Pradesh High Court recently ruled that a wife who leaves her job due to marital responsibilities is still entitled to receive maintenance from her husband.

The Court upheld a Family Court order directing the husband to pay ₹40,000 per month to his wife, who holds a Bachelor of Engineering degree. The bench, led by Justice Gajendra Singh, clarified an important legal distinction, stating that there is a difference between the phrases “may earn” and “is earning”.

The case arose from a criminal revision petition filed by the husband challenging the maintenance granted under Section 125 CrPC. He argued that his wife was highly educated, capable of earning, and allegedly working as a freelancer earning around ₹50,000 per month. He also claimed he had limited savings and that the wife retained her streedhan.

However, the Court found no concrete evidence proving that the wife was actually earning. It emphasized that merely being qualified or capable of earning does not mean that the person is currently earning or financially independent.

The Court also reiterated that streedhan is the absolute property of the wife and cannot be used by the husband as a ground to deny maintenance.

During proceedings, it was noted that the husband failed to provide proof of his income despite disputing claims about his salary. On the other hand, he admitted to owning lodges and purchasing a flat worth ₹30 lakh, partly funded by the wife’s parents.

The Court further observed that when a couple enters marriage with expectations of a certain standard of living, a sudden breakdown of the relationship can significantly impact both parties, especially the dependent spouse.

Considering all factors, the High Court held that the ₹40,000 maintenance awarded by the Family Court was reasonable and proportionate. Finding no error in the earlier order, the Court dismissed the husband’s plea.

However, the husband was granted liberty to approach the Family Court in the future if circumstances change—such as if the wife secures a stable job—seeking modification of the maintenance amount.