Shailja And Anr V. Khobanna: An Analysis On Right To Maintenance Of Women In India From The Lens Of Gender Justice And Feminist Jurisprudence
Aashita Nair, Symbiosis Law School, Pune, Symbiosis International Deemed University
CASE INFORMATION
Name of the case: Shailja and anr v. Khobanna,
Citation: AIR 2017 SC 1174
Decided by: Supreme Court of India
Decided on: 18.01.2017
Issue in question: Right to maintenance of a woman capable of earning
FACTS OF THE CASE
1. This case is a Special leave petition filed in the Supreme Court against the order of High Court of Karnataka
2. This case deals with the issue of payment of maintenance by the Respondent husband towards the maintenance of his working wife and son, who are the appellants in this appeal case.
3. Initially, the Family Court awarded an amount of Rs. 15,000 per month to the wife and Rs. 10,000 per month to the minor son towards their maintenance. However, in an appeal before the High Court of Karnataka, the said High Court reduced the quantum of maintenance to Rs. 6,000 per month each to the wife and son, owing to the fact that the wife was capable of earning as a teacher, and thus, did not require the ordered amount by the Family Court.
4. Finally, the Supreme Court addressed the issue of quantum of maintenance of a professionally capable woman and laid down that such women too have a right to maintenance and that, the Courts must take into consideration the difference between capability of earning and actually earning while deciding upon the quantum of maintenance.
