Family Law : Whether an Educated Wife can claim Maintenance From Husband ?

Family Law : Whether an Educated Wife can claim Maintenance From Husband ?

In a recent case, wife filed appeal.

The divorce petition has been filed by the respondent-husband. The wife is M.D. (Gynaecologist) and the respondent-husband is Neurosurgeon. Both are residents of Prayagraj. 

The wife was aggrieved by the impugned order dated 07.04.2025 by which an application for maintenance filed by the wife and the three children under Sections 24 and 26 of the Hindu Marriage Act, 1955 has been rejected in part. The application of the wife under Section 24 of the Hindu Marriage Act, 1955 has been dismissed, however application under Section 26 for maintenance of the children has been allowed and undisputedly, the respondent is paying Rs.60,000/- per month towards their maintenance. 

Learned counsel for the husband on the other hand submits that the respondent has faithfully been paying the maintenance amount of Rs.60,000/- per month to the children without demur. He further submits that the wife is a trained specialized Gynecologist who could earn more than the respondent himself in a State like Uttar Pradesh. He further submits that learned trial court has dismissed her application under Section 24 precisely as applicant is more capable of maintaining herself because of her qualification.

HC noted that wife is a Gynecologist and is capable of earning handsomely in her line of expertise.

The contention putforth by wife that she is presently not working is rejected. Where a qualified person is capable of earning more than enough through the use of her expertise and still refrains from doing so only to impose a burden upon her husband, in such a situation the Courts can deny maintenance under Section 24. Therefore, having gone through the order passed by the learned trial court where the application under Section 24 was rejected where the learned trial court has held that the wife was earning handsomely based upon her ITRs which reflected that she was earning more than Rs.31 lakhs per annum.

Case : Dr. Garima Dubey v. Dr. Saurabh Anand Dubey [2026] GCtR 358 (Allahabad)