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Allahabad High Court Denies Maintenance to Doctor Wife Earning Rs 31 Lakh Annually - Video
Overview
In a significant ruling on matrimonial maintenance, the Allahabad High Court denied interim maintenance to a doctor-wife, observing that a qualified and capable professional cannot deliberately remain unemployed and shift the financial burden onto the spouse.
The Division Bench of Atul Sreedharan and Vivek Saran upheld a trial court order rejecting the wife’s plea for maintenance under Section 24 of the Hindu Marriage Act. The woman, an MD gynaecologist, had argued that she lost her job after matrimonial disputes began and currently had no independent source of income, according to a TOI report.
However, the Court noted that her income tax returns reflected earnings of more than Rs 31 lakh annually, demonstrating substantial earning capacity. The Bench observed that maintenance provisions are intended for spouses genuinely unable to support themselves and not for those voluntarily choosing not to work despite possessing professional qualifications and expertise. The Court further clarified that the husband, a neurosurgeon, was already paying Rs 60,000 per month towards the maintenance of their three children, which was not under dispute. Dismissing the appeal, the High Court ruled that the doctor-wife was financially capable of maintaining herself and therefore not entitled to interim maintenance.


