Unemployed Wife Entitled to Maintenance Even If Highly Qualified: Kerala High Court

The Kerala High Court held that a highly qualified wife who is unemployed is entitled to maintenance from her husband until she secures the means to support herself.

The Court upheld a family court order directing monthly maintenance for the wife and minor daughter.

It observed that “unable to maintain” under Section 125 CrPC refers to actual financial incapacity and not mere potential earning ability, and that a woman cannot be denied maintenance merely because she is educated or capable of earning.

The Court also found that the wife had valid reasons for living separately and that the husband, earning ₹66,900 per month, had sufficient means to maintain his family.