Srishti Yadav, Amity Law School, Amity University, Noida
ABSTRACT
The ‘homemaker status’ of the Indian women is undergoing a significant change in the current times. Many women have successfully established themselves as ‘Working women’ and are increasingly aware of their rights like Right to property, maintenance, equal treatment, etc. Now they don’t only recognise their rights but also claim them. As far as maintenance is concerned, the law is quite clear regarding this issue, but still some doubt remains as to whether the scope of maintenance provisions is extended to well-educated and employed wives1. But now from the cases like Bhagwan Dutta Vs.Kamla Devi2 and Chaturbhuj vs. Sitabai3, it becomes quite evident that wife has the right of maintenance irrespective of whether she is earning or not. Apart from that, there have several case laws in the recent years where the judiciary has come up with varied opinions and decisions on this point. The discussion regarding this issue is quite rampant in the academic circles. The purpose of this article is to remove the confusion surrounding this issue.
Keywords: working wives, maintenance, Section 125 CrPC, well-qualified, quantum, matrimonial, income.
