Can wife claim maintenance after divorce on the ground of desertion? My wife filed a case under section 125 crpc for the maintenance from me. She has refused to live with me, then I filed a suit for divorce on the ground of desertion. That suit has been decreed, and the court has dissolved our marriage. When the suit has been decided by the family court my wife filed complaint under section 125 crpc. I am a doctor employed in the government hospital. My wife is also a doctor (dentist) but she has not been practicing. She is deliberately not doing any job because she wants maintenance and easy money from me. I am planning to marry, but due to this maintenance case not able to marry again. What to do in this case?
Asked from: Bihar
Your wife possesses a professional degree and has the ability to earn. However, she has not been working in the hope of receiving maintenance. In this situation, the amount of maintenance shall be minimal because it'll not be determined solely in proportion to your financial status.
In Rajneesh vs. Neha (2020), the Supreme Court held that, when determining the quantum of maintenance, the court is obliged to consider the wife's earning capacity. The law does not expect an able-bodied and capable person to remain idle.
Can wife claim maintenance after divorce: As far as the right to maintenance after a decree of divorce is concerned, a wife is still entitled to maintenance. In Rohtash Singh v. Ramendri (2000) 3 SCC 180, the Supreme Court ruled that a divorced wife is entitled to maintenance if she does not have sufficient means to maintain herself and remains unmarried.
Although the marital relationship may have ended through a divorce granted by the Family Court under Section 13 of the Hindu Marriage Act, the respondent continues to be recognized as a "wife" under Section 125 of the Criminal Procedure Code (CrPC), by virtue of Explanation (b) to sub-section (1), which states:
"(b) ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried."
Therefore, you cannot absolve yourself of the duty to maintain your wife even after the decree of divorce. Wife is entitled to maintenance even after divorce.
Related: Wife has refused to live with husband even after decree of restitution of conjugal rights
