The Nagpur Bench of the Bombay High Court has observed that a well-educated wife should not remain dependent on her husband and must make efforts to earn a living. The court made this remark while hearing a petition filed by a woman and her minor son seeking an increase in maintenance. Justice M M Nerlikar said, “This Court is of the opinion that she cannot sit idle and depend wholly on her husband. She has to search for an alternative job. A well-educated wife ought not to remain idle who has the earning capacity.”

 

The case was filed by Vinita and her son against her husband Anand, challenging a Family Court order that granted them Rs 12,000 per month each as maintenance. The wife argued that the amount was too low compared to her husband’s income and did not cover rising education and medical expenses. During the hearing, the husband claimed that his wife is highly educated, holding MA and BEd. degrees, and also earns through tuition classes. He argued that she is capable of supporting herself and should not depend entirely on maintenance.

 

After reviewing the case, the High Court refused to increase the maintenance for the wife. The court noted that, she already receives Rs 12,000 per month along with Rs 5,000 as house rent under separate proceedings. However, the court found that the son’s educational expenses were not properly considered. Taking into account rising school costs and the father’s income, the court increased the son’s maintenance from Rs 12,000 to Rs 17,000 per month. The petition was thus partly allowed, with relief granted only to the son.