Athira T S on Maintenance After Divorce: Courts Prioritise Dignity, Not Mere Survival
Sharing her insights on spousal maintenance in divorce proceedings, Athira T S in a recent business standard article, emphasised that Indian courts adopt a nuanced, fact-specific approach rather than applying any fixed formula. Referring to Section 125 of the CrPC, she explained that courts assess multiple factors while determining maintenance, including the husband’s income and earning capacity, the wife’s reasonable needs, the standard of living during the marriage, the duration of the marriage, the age and health of both parties, and existing financial liabilities. The overarching principle, she noted, is to ensure that the wife is able to live with dignity and not reduced to a bare subsistence level.
Athira further clarified that maintenance obligations often increase where the wife has custody of the child or children after divorce. In such cases, courts account for the additional financial burden of education, healthcare, nutrition, and overall upbringing, treating child support as an independent and continuing responsibility of the father. On the question of working wives, she stated that employment alone does not automatically disentitle a woman from receiving maintenance. Courts carefully examine whether her income is stable and sufficient to maintain a lifestyle comparable to the matrimonial home; if not, the husband may still be directed to provide financial support.
Addressing scenarios where the wife earns more than the husband, Athira pointed out that maintenance is not intended to be punitive but need-based. If the wife’s income is substantially higher and adequate for her sustenance, courts may reduce or even deny maintenance, as the obligation arises from financial dependency rather than as a matter of course. Her observations underscore the judiciary’s balanced approach in aligning maintenance awards with fairness, need, and the lived realities of both parties.
By entering the email address you agree to our Privacy Policy.