4 min readNew DelhiJun 30, 2026 12:49 PM IST
The Karnataka High Court recently set aside a trial court order directing a husband to pay Rs 20,000 per month as interim maintenance to his wife, observing that maintenance should not be granted if the income of the wife is more than that of her husband and where no other liabilities are found on the part of the wife.
Justice Dr Chillakur Sumalatha allowed the husband’s plea challenging the order passed by the trial court, noting that the court had not considered the wife’s admitted income while awarding interim maintenance.
“When the wife is financially sound and in case where the income of the wife is more than that of the husband and where no other liabilities are found on part of the wife, like looking after the children, Courts should not be inclined to pass an order granting maintenance on the ground that women are required to be maintained by men or wife is required to be maintained by her husband,” the order dated June 18 read.
It added that courts may award maintenance only when it is shown that the wife has no financial sources to maintain herself according to the standards of her husband.
Justice Dr Chillakur Sumalatha said the trial court passed the order granting maintenance while ignoring the earnings of the wife.
Plea before high court
The wife had filed proceedings under the Protection of Women from Domestic Violence Act, seeking monthly maintenance of Rs 1,13,515, litigation expenses of Rs 50,000 and compensation for alleged mental and emotional agony, among other reliefs. Pending the proceedings, she moved an application for interim maintenance, which was disposed of by the trial court by directing the husband to pay Rs 20,000 per month.
Aggrieved by the order passed, the husband moved the high court, contending that he worked in a private company earning around Rs 57,000 per month, while the wife earned over Rs 1 lakh monthly and had lived with him for only about two months after their 2024 marriage. He argued that despite this disparity, the trial court had directed him to pay interim maintenance without considering her financial capacity.
The wife admitted earning around Rs 1 lakh per month but argued that she had incurred debts for the marriage and was obligated to repay them, justifying the grant of interim maintenance.
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Wife financially sound: HC
- The husband had disclosed a monthly salary of about Rs 57,309, with salary slips showing a net pay of around Rs 60,000.
- The wife’s records showed earnings of Rs 1.64 lakh during several months. She produced no material to substantiate her claim regarding marriage-related loans.
- The trial court passed the order ignoring the earnings of the wife.
- Courts cannot straight away pass an order awarding maintenance just because a wife has filed a plea citing right to claim maintenance under provisions of the Domestic Violence Act or the Hindu Adoption and Maintenance Act, etc.
- Where a wife is financially sound, earns more than her husband and has no significant liabilities, courts should not proceed on the assumption that she is entitled to maintenance.
Trial court order set aside
Finding that the wife could maintain herself with her admitted income, the high court held the magistrate’s order to be legally unsustainable and set it aside.
“There is no requirement for the Trial Court to order the writ petitioner/husband to pay a sum of Rs 20,000 per month out of his earnings i.e. Rs 60,646 per month. Hence, this Court is of the view that the order under challenge is unsustainable in the eye of law,” the order read.