Wife With a Temporary Job Entitled to Claim Maintenance from Husband : Kerala HC
- Case Name: Jayaprakash EP v. Sheney P & Connected Case
- Judge(s): Justice Kauser Edappagath
The Kerala High Court ruled that a wife with a temporary job can claim maintenance if her income is insufficient. It set aside the Family Court’s order and remitted the case for reconsideration.
The wife, living with a dependent daughter, sought ₹45,000 per month under Section 125 CrPC, arguing her income was inadequate.
The husband claimed financial hardship. The court held an able-bodied husband must support his wife unless he proves genuine inability.
It also clarified that under Section 20(3) of the Hindu Adoptions and Maintenance Act (HAMA), an unmarried daughter can claim maintenance from her father.
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