Maintenance of a wife can be traced to the ancient Hindu scripture Smritis, Articles 15(3) and 39 of the Constitution of India. Healthy & educated woman is presumed to be capable of earning. However, this presumption does not extent to conclude that such earning would be sufficient to maintain herself. Karnataka High Court.

Ganesh Rao vs Sumana K and another. RPFC 22/2016 decided on 23 September 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343536/1/RPFC22-16-23-09-2020.pdf

Relevant portion: It is perhaps well to observe that the proceedings under Section 125 of Cr.P.C is summary in nature. In a proceeding under Section 125 of Cr.P.C, it is not necessary for the Court to ascertain as to who was in wrong and the minute details of the matrimonial dispute between the husband and wife need not be gone into.

I would observe, further, that a normal healthy person, may be fairly educated, is presumed to be capable of earning. The presumption does not extend to conclude that such earning would be sufficient to maintain such a person.

The object of Section 24 of the Hindu Marriage Act, 1955, is to enable the husband or the wife, as the case may be, who has no independent income sufficient for his or her support and the necessary expenses of any proceeding under the Hindu Marriage Act to obtain maintenance and expenses pendente lite. The proceedings under Section 24 of the Hindu Marriage Act are summary in nature. Its object is ad hoc and duration is temporary. It is not necessary to record evidence. Moreover, Sections 24, 25 of the Hindu Marriage Act and Section 18 of the Hindu Adoption and Maintenance Act, 1956, do not stand in the way of a Magistrate granting relief under Section 125 of the Cr.P.C. Section 24 of the Act is not Pari materia with Section 125 of the Cr.P.C.

It is perhaps well to observe that that Section 125 of Cr.P.C is the measure of social justice and is specially enacted to protect women and children and falls within  the   constitutional   sweep   of   Article   15(3)  re-in forced by Article 39 of the Constitution.

It will not be out of context to observe further that under Hindu Law, the maintenance of a wife by her husband is, of course, a matter of personal obligation which attaches from the moment of marriage. From the date of marriage, her home is necessarily in her husband’s home. He is bound to maintain her. The doctrine of maintenance of a wife can be traced to the smritis, and the principal Hindu commentaries upon them. These texts enjoin a mandatory duty upon the husband to maintain his wife. It imposes a personal obligation on him enforceable by the sovereign or state.

Compiled by S. Basavaraj, Advocate, Daksha Legal.