Maintenance can be claimed under Sec 125 of Criminal Procedure Code and is eligible to every women irespective of their religion. A divorced or separated wife is eligible to claim maintenance from her husband under this section. However, I would like to know whether a wife who is earning and can maintain herself is eligible to claim maintenance from her husband after divorce?
The Supreme Court came with a conclusion that no maintenance will be allowed to an earning Woman. However, there was a lot of controversies over this judgement and one of the Judges passed a judgement that an earning wife is not eligible to get maintenance but is if she gets some money from sale of agricultural land then it will not be considered income. In 2011, the final Judgement was passed an earning woman is not eligible to claim maintenance.
Why does a wife who is earning and is capable of sustaining herself needs maintenance? Maintenance cannot be claimed if the divorce is mutual and although every wife has the right for maintenance from her husband even after divorce but a wife who is earning cannot claim for maintenance, especially if she does not have any children and if she has children, she can claim maintenance only for her children and not for herself.
