In Dr. Garima Dubey & Ors. v. Dr. Saurabh Anand Dubey, the Allahabad High Court addressed whether a highly qualified spouse can claim interim maintenance under Section 24 of the Hindu Marriage Act, 1955 (HMA) despite having the capacity to earn.
The case arose from a matrimonial dispute where the husband, a neurosurgeon, filed for divorce, and the wife, a qualified gynaecologist (M.D.), sought maintenance for herself and her children under Sections 24 and 26 HMA. While the trial court granted ₹60,000 per month for the children under Section 26, it denied maintenance to the wife under Section 24.
Challenging this partial rejection, the wife approached the High Court, claiming unemployment and entitlement to maintain the same standard of living. The Court, however, emphasised that earning capacity and qualifications cannot be ignored, particularly where evidence shows substantial prior income.
The Court ultimately upheld the trial court’s decision, reiterating that maintenance is not meant to support voluntary unemployment.
“5. Undisputedly, the appellant is a trained Gynecologist being a Post- Graduate possessing a degree in M.D. (Gynecology)…..”
“6. 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, having gone through the order passed by the learned trial court where the application under Section 24 was rejected where the learned trial court has held that the appellant was earning handsomely based upon her ITRs which reflected that she was earning more than Rs.31 lakhs per annum.”
“7. Under the circumstances, this Court is of the opinion that the impugned order cannot be faulted.”
Decision
The Allahabad High Court dismissed the appeal and upheld the trial court’s order, holding that:
- The wife, being a highly qualified medical professional, possesses sufficient earning capacity.
- Voluntary unemployment cannot be a ground to claim maintenance under Section 24 HMA.
- Documentary evidence (ITRs) demonstrated that the wife had substantial prior earnings, weakening her claim of financial dependency.
- Maintenance granted to the children under Section 26 HMA was appropriate and continues at ₹60,000 per month.
The Court concluded that the trial court’s decision was legally sound and required no interference.
Citation : 2026:AHC:88382-DB
Other Sources:
Index of Maintenance Judgments under Hindu Marriage Act is here.
Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
+91-9606345150
