Punjab and Haryana High Court directs wife to use 10% of alimony for skill development to ensure self reliance

Court

• Court orders wife to use 10% of maintenance for skill development and self-reliance.
• Maintenance is meant to uphold dignity and promote financial independence
• Petition for higher maintenance dismissed; no evidence of financial hardship.

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The Punjab and Haryana High Court recently ruled that a wife must utilise 10 percent of the maintenance amount towards skill development to work towards financial self-sufficiency, observing that maintenance is not meant only for survival but also to uphold dignity, promote self-reliance, and enable lasting financial independence.

What is this case?

The wife moved High Court against a family court order that revised her maintenance to one-third of her husband’s net monthly income, translating to Rs 15,000. Unhappy with the amount, she pressed for a higher sum, arguing that the calculation should have been based on one-third of his gross salary rather than his take-home pay.

She submitted that her husband was earning Rs 58,016 per month, as shown in his salary slip, but the Family Court erred by factoring in voluntary deductions and treating his monthly income as Rs 45,000 for fixing maintenance. She further argued that laws relating to maintenance are meant to serve a social welfare purpose and must be interpreted generously, ensuring that a wife is able to maintain a standard of living comparable to that of her husband.

The court observed that there was nothing on record to show that the existing maintenance had become inadequate due to inflation or that the wife was facing any real financial difficulty justifying an increase.

It also instructed her to set aside at least 10 percent of the maintenance amount for upgrading her vocational skills, while stating that maintenance cannot be raised as a routine exercise without concrete evidence to support such a claim.

What did the Court say?

The Court of Punjab and Haryana dismissed the present petition and opined that the purpose of the maintenance law is not only to provide basic survival but also to help the person stand on her own feet whilst maintaining dignity. Further, the Court directed the petitioner to utilise at least 10 percent of her maintenance amount towards skill development.

“The petitioner is required to enhance her capabilities and stature in life so as to become self-reliant, only then it would reflect that the true intent of the maintenance legislation has been fulfilled... she must utilise at least 10 percent thereof, for improving her vocational skills.

“Although the law mandates that maintenance is to be granted to a wife who is living separately for a just cause and who is in a destitute condition... a part of the maintenance amount must be utilised for skills enhancement and self-development so as to promote financial independence.”

What will be the future implications of the verdict?

“The present judgment can be looked at as a positive change. The judgment sets a strong precedent thereby reinforcing the importance of financial accountability and independence for the wife as well as promotes gender parity by ensuring that the financial responsibilities are not only left to be borne by the husband,” said Manmeet Kaur, Partner at Karanjawala & Co.