Can my wife claim maintenance if she is earning?

Yes, a working wife can still claim maintenance, but whether she is granted it — and how much — depends on the disparity in incomes and her ability to maintain the same standard of living she had during the marriage. Simply having a job does not automatically disqualify a wife from maintenance.

Key points

• The court considers whether the wife's income is sufficient to maintain a standard of living comparable to the marital home.
• If there is a significant income gap between the spouses, maintenance may still be awarded to bridge it.
• Maintenance can be interim (during proceedings) or permanent (after the decree).
• The husband's income, assets, liabilities, and the needs of any children are all weighed.
• A wife with substantial independent income comparable to the husband's may receive little or no maintenance.

Relevant law

Maintenance can be claimed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaced Section 125 CrPC). For Hindus, Section 24 and Section 25 of the Hindu Marriage Act, 1955 cover interim and permanent alimony. The Supreme Court in Rajnesh v. Neha (2020) laid down comprehensive guidelines for determining maintenance.

What you can do

• Maintain clear records of both spouses' incomes, assets, and expenses to present an accurate financial picture.
• If maintenance is claimed, file a detailed affidavit of assets and liabilities as required by the Rajnesh v. Neha guidelines.
• Approach the Family Court in Surat for a fair determination based on both incomes.
• Consult a family law advocate in Surat to assess a realistic maintenance range for your situation.