Karnataka High Court held that, merely if a woman who possesses high educational qualifications does not indicate her ability to maintain herself.
An appeal was filed by the husband on the previous order which directed him to pay a monthly maintenance of Rs. 3000/- to his wife.
It was contended by the Appellant that since his wife holds to Graduation degrees she is capable enough to earn a living for herself without him providing a maintenance.
The counsel on behalf of the wife submitted that holding high educational qualifications is not equivalent to being self-sustaining.
It was further submitted that though she is qualified to earn her own livelihood she is unable to do so due to various existing medical conditions and it is the duty of the husband to maintain her.
The Court observed that “it is not the capacity of the wife or the children which entitles them for claiming maintenance, but it is their inability to maintain themselves” as provided under Section 125(1)(a) and (b) of CrPC.
The ability of a person to maintain herself is not to be equated with their ability to earn her livelihood.
Unless it can be proved that the wife has resigned or quit her place of employment or business just to obtain maintenance from her husband, it is the responsibility of the husband to maintain her.
The Court stated that if the wife has a valid reason for living separately from her husband and is unable to maintain herself, it is merely a pleasure, but it is the duty of the husband to maintain her.
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