Saya & Associates
Can a working spouse claim maintenance in India?
A salary is the starting point, not the answer
After separation, the maintenance discussion often begins with a salary figure. One spouse points to an employment contract; the other explains that the amount does not cover the new household.
Both may be describing relevant facts without answering the legal question. This guide focuses on building a clear financial picture. It does not calculate an entitlement.
Which provision applies
The law and the stage of the case decide the test. They are not interchangeable:
| Provision | Who can claim | When | What the court weighs |
|---|---|---|---|
| Hindu Marriage Act, section 24 | Either the wife or the husband | During proceedings under the Act | Whether the applicant has independent income sufficient for support and litigation costs, and both parties' incomes |
| Hindu Marriage Act, section 25 | Either the wife or the husband | At the decree or afterwards | Both parties' income and property, their conduct and the other circumstances; the order can be varied if circumstances change |
| Bharatiya Nagarik Suraksha Sanhita, 2023, section 144 | A wife unable to maintain herself, children and parents | Before a Magistrate, against a person with sufficient means who neglects or refuses to maintain them | Neglect or refusal, and the means of the person liable |
Other laws, such as the Protection of Women from Domestic Violence Act, 2005, also provide for monetary relief. Section 24 applications should, as far as possible, be decided within sixty days of notice being served.
What the Supreme Court has said about earning spouses
| Judgment | What it said |
|---|---|
| Sunita Kachwaha v Anil Kachwaha (2014) | The wife held a postgraduate degree and worked as a teacher. The Court held that earning some income was not a ground to reject her maintenance claim |
| Shailja v Khobbanna (2018) | Being capable of earning is not enough to reduce maintenance. The court asks whether her income lets her live in keeping with the husband's lifestyle in the matrimonial home |
| Rajnesh v Neha (2020) | No fixed formula. "It is no answer to a claim of maintenance that the wife is educated and could support herself." The factors include reasonable needs, the standard of living, independent income, career sacrifices for the family, and the payer's actual income and liabilities |
So neither slogan works: "an employed spouse gets nothing" is wrong, and so is "the higher earner always pays a fixed share". The evidence decides.
Prepare an income picture, not one salary slip
Start with your own income records. Separate fixed earnings from bonuses, variable pay and other sources, note whether each payment is recurring or one-off, and keep the document that explains it.
For self-employment, one invoice says little about personal finances. Bring returns and business records, and explain how income is received and recorded. Business turnover and personal disposable income are not the same figure.
Where income has changed, make a dated timeline: a new job, reduced hours or a contract ending, each supported by a document rather than only a statement.
The purpose is accurate disclosure. Do not alter records, leave out an inconvenient account, or use someone else's password to get at private information.
Record household costs clearly
Keep a working schedule of each expense. It is a preparation aid, not a substitute for the court's disclosure format:
| Column | What to record |
|---|---|
| Expense | Rent, utilities, groceries, transport, medical costs, school fees |
| Frequency | Monthly, quarterly or annual, with the annual figure kept |
| Supporting record | The bill, receipt or bank entry |
| Who pays now | Which spouse, or a shared account |
Do not count the same payment twice. A school fee paid from a shared account should not also appear as a separate personal payment. Keep children's expenses in their own schedule, with invoices and medical bills.
Explain a career break
If employment changed because of family care, set out the sequence: the previous role, the date of the change, the caregiving responsibilities and the present work position. Keep the employment records and correspondence.
Rajnesh lists sacrificed employment opportunities as a factor, but a career break does not decide the case by itself. Record current earnings and resources as well as the opportunities given up.
The same applies to the paying spouse. Identify real obligations and payments with records, not a general claim that there are too many expenses to contribute.
Disclosure and existing orders
Rajnesh requires both parties to file an affidavit disclosing assets and liabilities in a set format. See our guide to financial disclosure in a maintenance case for what it involves.
Where maintenance is claimed in more than one proceeding, Rajnesh directs that earlier awards be taken into account and adjusted, and the claimant must disclose the earlier proceeding and orders.
Do not conceal an order or expect separate awards to add up automatically.
Keep each order with the payment evidence and any arrears calculation. That separates what was ordered from what was actually paid.
Preparing the financial record
- Identify the proceeding. Note the law, the court, the stage of the case and any existing orders.
- Gather income records. Collect salary slips, bonus letters, returns and business records for the relevant period.
- Build the expense schedule. List each household and child expense with its frequency, record and payer.
- Write the employment timeline. Record each change in work, including any career break for caregiving, with documents.
- List other proceedings. Note every other maintenance claim and order, with amounts ordered and paid.
- Check before filing. Review the disclosure for accuracy and completeness before it is sworn.
Frequently asked questions
Can a working wife claim maintenance in India?
Yes. In Rajnesh v Neha (2020), the Supreme Court said a wife's earnings cannot operate as a bar. The court asks whether her income is sufficient to maintain her in line with the standard of living in the matrimonial home.
Can a husband claim maintenance from his wife?
Under sections 24 and 25 of the Hindu Marriage Act, yes. Both provisions allow either the wife or the husband to apply. Section 144 BNSS, by contrast, provides for a wife, children and parents.
Does a professional qualification defeat a claim?
No. Rajnesh says it is no answer that the wife is educated and could support herself. The court looks at actual income, needs and the standard of living, not the qualification alone.
Is maintenance a fixed percentage of salary?
No. Rajnesh rejects any fixed formula. The amount depends on the factors in each case, including both parties' incomes, needs and liabilities.
Should I include a one-off bonus in my records?
Yes. Disclose it accurately and explain what it was. Do not spread it silently across the year or leave it out; let the court assess its significance.
The takeaway
The useful question is not "does a job end the claim?" but "is this income enough, and what records show it?" Prepare the petitions and orders, the income and expense records and an employment timeline before seeking advice.
To discuss a maintenance claim, contact Saya & Associates with a brief, non-confidential summary. Detailed records follow the conflict check.
This article provides general information as at 5 October 2026. Maintenance depends on the applicable law, the facts, the evidence and the court's orders. It does not cover every personal-law route. It is not legal advice.