The Karnataka Supreme Court ruled that only when a woman with a high level of education does not indicate her ability to sustain herself.
The husband appealed the previous order which ordered him to pay Rs monthly alimony. 3000 / – to his wife.
The complainant alleged that since his wife had a degree, she was able to earn a living for herself without him providing for a living.
The lawyer on behalf of the woman asserted that a high level of education does not mean self-sufficiency.
It was also alleged that although she was qualified to earn a living, she was unable to do so due to various pre-existing medical conditions and that it was the husband’s duty to support her.
The Court found that “it is not the ability of the woman or children that is entitled to maintenance, but their inability to support themselves”, as set out in Section 125 (1) (a) and (b) of the CrPC provided.
A person’s ability to sustain themselves is not the same as their ability to make a living.
Unless it can be demonstrated that the wife left or quit her job or business in order to receive maintenance from her husband, it is the husband’s responsibility to support her.
The court found that it is only a pleasure when the woman has a valid reason to live apart from her husband and is unable to support herself, but it is the husband’s duty to support her .