Spousal maintenance, also known as alimony is a complex legal issue that varies across different jurisdictions.

There are some factors which the courts carefully considers for determination of a working and earning wife's liability for maintenance post-divorce:

• The financial resources of the spouse seeking maintenance, including their separate and community property.
• The ability of the requesting spouse to meet their own needs independently, taking into account any child support awarded.
• The time needed for the requesting spouse to acquire education or training to find a suitable job.
• The standard of living maintained during the marriage.
• The length of the marriage or domestic partnership.
• The financial condition of the spouse seeking support.
• The ability of the paying spouse to meet their own financial obligations while paying maintenance.

Courts have broad discretion in determining in determining spousal maintenance, with the goal of granting an award that is "just and equitable" under the circumstances. The court's primary focus is on balancing the requesting spouse's need against the paying spouse's ability to pay. Historically, spousal maintenance awards were more common for former wives of higher-earning husbands. However, as gender roles have evolved and more women become primary wage earners, the courts have adapted their approach.

Maintenance orders can take various forms, such as temporary, short term, or long term, depending on the specific circumstances of the case.

The duration of maintenance may also be impacted by factors like remarriage or a substantial change in the parties' financial situations.

• Sufficiency of the wife's independent income: The primary consideration is whether the wife has sufficient income and property to provide for her own reasonable needs.
   
• Comparative earnings between spouses: The courts have looked at the relative incomes and financial positions of the husband and wife. If the wife's earnings exceed or are comparable to the husband's, the courts have denied or reduced the maintenance award.
   
• Standard of living: The courts evaluate whether the wife can maintain the same standard of living after the divorce as she had during the marriage, based on her own income.
   
• Qualifications and Employability: The educational qualifications, job skills, and ability of the wife to earn a sufficient livelihood are taken into account.
   
• Efforts towards Self-Sufficiency: The courts have also considered whether the wife has made diligent efforts to find employment and become self-supporting.

Under Section 125 of the Code of Criminal Procedure (CrPC), a person who has sufficient means is required to maintain their wife, children, and parents if they are unable to maintain themselves. However, the provisions of Section 125 do not explicitly mention the liability of a working and earning wife for maintenance. The courts have considered the financial independence and earning capacity of the wife when determining maintenance. In cases where the wife is qualified, employed, and earning sufficiently to support herself, the courts have denied or reduced the maintenance awarded to her.

Additionally, Section 26 of the Protection of Women from Domestic Violence Act, 2005 allows a wife to seek maintenance, but the courts have assessed the wife's financial independence and earning capacity in such cases as well. The focus is on ensuring that the wife is not able to maintain herself then she has the right to be maintained.

On the other hand, Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) the present day and currently followed criminal law allows wives, including working and earning wives, to claim maintenance from their husbands. This provision includes women who have been divorced but have NOT remarried. The section mandates that if any person, who has sufficient means, neglects or refuses to maintain his wife, the magistrate may order such person to make a monthly allowance for the maintenance of his wife at a rate deemed fit. Maintenances can be provided at the interim period as well as at the final stages of the case proceedings.

Leading Judgments for the same:

• Chaturbhuj v/s Sita Bai
  Appeal (crl.) 1627 of 2007, AIR 2008 Supreme Court 530.
  Date of judgement - 27/11/2007.
  
  In this case it has been held that the object of maintenance proceedings is not to punish a person for his past neglect but to prevent vagrancy and destitution of a deserted wife and ordered in favor of the wife, Sita Bai for the husband, Chaturbhuj to pay her monthly allowance of Rs. 10,000. It was based on the fact that the wife was facing financial difficulties and did not have sufficient sources of income while the husband was financially independent due to his government pension. The court's decision also established that a divorced woman is still entitled to maintenance from her former spouse, unless she falls in one of the limitations listed in Section 125 (4) of the CrPC.
   
• Vipul Lakhanpal Vs Smt. Pooja Sharma
  Himachal Pradesh high court Cr.MMO No. 26 of 2015 and Cr. Revision No. 369 of 2014.
  Date of decision - 1/6/2015.
  
  In this case, the wife was maltreated by the husband in his family members after they took her to their native house/village. A single-judge bench held that the husband has to pay maintenance even if wife is earning salary.
   
• Jaiveer Singh Vs Sunita Chaudhary
  High court of Delhi,CRL.REVP.820/2018 and CRL.M.A. 32656/2018.
  Date of decision - 5/4/2021.
  
  In this case it was seen that where the personal income of the wife is insufficient she can claim maintenance under Section 125 of CrPC.
   
• Rajnesh v/s Neha
  Supreme Court of India, AIRONLINE 2020 SC 915, Criminal Appeal No. 730 of 2020.
  Date of decision - 4/11/2020
  
  In this case, it was ordered to pay maintenance to the wife by respondent no-1 of Rs.15,000 per month and the Supreme Court Bench has framed guidelines on issue of maintenance which could cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded and enforcement of orders of maintenance.
   

Conclusion
While Section 125 of the CrPC, which is the old criminal law now and the Section 26 of the Domestic Violence Act do not explicitly exempt working and earning from maintenance, the courts have considered their financial status and independence as a relevant factor in determining maintenance awards. However, the BNSS provides a clear provision for wives, including working and earning wives, to claim maintenance from their husband.

References:

• https://indiankanoon.org/
• https://www.sci.gov.in/
• https://www.drishtijudiciary.com/current-affairs/order-of-maintenance
• https://www.shadesofknife.in/
• https://www.latestlaws.com/
• https://delhidivorcelawyers.com/

Written By: Ruchika Anand, BALLB 3rd Year Student From GGSIPU