The Allahabad High Court in a recent judgement ruled that in situations where a qualified wife who is capable of earning more than enough but still refrains from doing so only to impose a burden upon her husband, the Courts can deny her maintenance under Section 24.
The ruling came in a case involving a wife who is a M.D. (Gynaecologist), and her husband, a Neurosurgeon. The couple, residents of Prayagraj, have three children (two daughters and a son). Their identities have been withheld by the court to protect their privacy.
According to her Income Tax Returns (ITRs), she had been earning more than Rs 31 lakh per annum prior to being allegedly fired from her job due to the matrimonial case. Thus on this ground, she had filed an application seeking maintenance for herself and the children and at till the time of the court proceedings, she claimed to be unemployed.
On April 7, 2025, the Family Court at Prayagraj rejected her claim for maintenance under Section 24 of the Hindu Marriage Act, while allowing maintenance of Rs 60,000 per month for their three children. He complied with the court order and has been regularly paying Rs 60,000 per month towards their children's welfare.
However, she felt aggrieved that the family court rejected her maintenance case and thus filed an appeal in Allahabad High Court.
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Her lawyer argued before the high court that the court failed to appreciate that presently she is not working as she was removed from the hospital after filing of the case by him. Thus on this ground her lawyer contended that she is entitled to get support from him to ensure that she can sustain the same standard of living which she enjoyed before the separation.
His lawyer told the court that he has been faithfully paying Rs 60,000 per month for their three children without demur. But regarding her maintenance claim, his lawyer said that she is a trained specialized Gynecologist who could earn more than him in a State like Uttar Pradesh, thus the court was right in rejecting her maintenance claim.
On April 21, 2026, the Allahabad High Court ruled in favour of the husband.
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Allahabad High Court order and discussion
The Allahabad High Court said that she is a trained Gynecologist and also has a post graduate degree in M.D. (Gynecology). The court said that she is a Gynecologist and is capable of earning handsomely in her line of expertise.
The Allahabad High Court said: “Where a qualified person is capable of earning more than enough through the use of her expertise and still refrains from doing so only to impose a burden upon her husband, in such a situation the Courts can deny maintenance under Section 24.”
Therefore, the high court said that after having gone through the order passed by the trial court where the application under Section 24 was rejected where the trial court had held that she was earning handsomely based upon her ITRs which reflected that she was earning more than Rs 31 lakhs per annum.
Order: Under the circumstances, Allahabad High Court said that they are of the opinion that the impugned order cannot be faulted and thus dismissed her appeal.
