Published by Advocate Krishnaveni | Family Court Lawyer, Kukatpally, Hyderabad
Introduction
In a recent judgment, the Calcutta High Court reaffirmed that an able-bodied husband cannot deny maintenance merely by claiming unemployment.
The Court emphasized that every husband has a legal and moral duty to maintain his wife.
This ruling strengthens women’s right to live with dignity and ensures that husbands cannot misuse unemployment as an excuse to avoid their responsibilities.
Case Background
In this case, the wife sought maintenance under Section 125 CrPC. The husband argued that he was unemployed and that the wife’s income (₹12,000/month) was sufficient.
However, the Calcutta High Court held that being jobless is not a valid excuse if the husband is capable of earning through reasonable means.
Key Observations by the Calcutta High Court
- Unemployment is Not a Defense
A husband’s job loss or voluntary unemployment does not relieve him of his obligation to provide maintenance. - Wife’s Income Not an Automatic Bar
Even if the wife has some income, she can still claim maintenance if it’s not sufficient for her to live with dignity, considering the couple’s lifestyle and status. - Maintenance Ensures Dignity, Not Charity
The Court clarified that maintenance is a legal right, not a gesture of kindness. The purpose is to ensure financial security and respect for the wife. - Burden of Proof on the Husband
The husband must prove genuine incapacity to earn with evidence, not just self-declared unemployment.
Legal Insight by Advocate Krishnaveni
“The Court’s decision reminds us that maintenance is not optional. Every able-bodied husband must shoulder his legal duty to support his wife. Section 125 CrPC (BNSS, 2023, by Section 144) serves as a strong safeguard for women’s dignity and independence.”
— Advocate Krishnaveni, Family Court Lawyer in Kukatpally
Why This Judgment Matters
- Protects financially dependent wives from destitution.
- Promotes accountability and responsibility among husbands.
- Upholds the constitutional right to live with dignity under Articles 14 and 21.
- Strengthens women’s protection under Indian family laws.
Need Legal Help with Maintenance or Divorce in Hyderabad?
If you are facing issues related to:
- Maintenance or Alimony Claims
- Divorce and Separation
- Domestic Violence and Protection Orders
- Child Custody and Parental Rights
Contact Advocate Krishnaveni — a trusted Family Court Lawyer in Hyderabad, experienced in handling maintenance, divorce, and women’s rights cases.
Family Court Complex, Kukatpally, Hyderabad
Call: +91 [8919526412]
Frequently Asked Questions (FAQs)
Can a husband refuse maintenance if he is unemployed?
Answer:
No. As per recent judgments, including the Calcutta High Court (2025), an able-bodied husband’s unemployment is not a valid excuse to deny maintenance. If he is capable of earning, he must fulfill his duty.
Does the wife’s income affect her claim for maintenance?
Answer:
Not entirely. Even if the wife earns some income, she can still claim maintenance if her earnings are insufficient to maintain a lifestyle consistent with her husband’s social and financial status.
How is the maintenance amount determined?
Answer:
Courts consider multiple factors, including:
- Husband’s income and earning capacity
- Wife’s income and financial needs
- Standard of living during marriage
- Expenses related to children, if any
The goal is to ensure the wife can live with dignity and security.
What is the process to file for maintenance?
Answer:
- File a petitionin the Family Court or Magistrate Court having jurisdiction.
- Submit proof of the husband’s income, the wife’s expenses, and marriage details.
- The Court will evaluate evidence and may order monthly maintenance, including arrears if applicable.
Can maintenance be claimed after divorce?
Answer:
Yes. Maintenance can be claimed during divorce proceedings under the Hindu Marriage Act, 1955, or after the decree, depending on circumstances and financial dependency.
How can Advocate Krishnaveni help?
Answer:
Advocate Krishnaveni specializes in:
- Maintenance claims and alimony
- Divorce and separation cases
- Domestic violence protection orders
- Child custody and parental rights
She provides personalized legal advice and represents clients effectively in Family Courts in Kukatpally, Hyderabad.
Contact Advocate KrishnaVeni for a consultation on 8919526412