Can an Educated Wife Get Alimony in India? What the Supreme Court Says

When it comes to family law in India, one of the most debated and contentious issues is maintenance, particularly for educated wives after divorce. 

A long-standing misconception exists that an educated wife, or one who is capable of earning, or maybe high earning, it was claimed that she has no right to claim maintenance from her husband. 

However, the reality is more complex and the Indian Supreme Court has addressed this issue in multiple rulings. This blog will discuss the stand of the Honorable Supreme Court. 

Understanding Maintenance Under Indian Law

Before diving into the specifics of how the Supreme Court views the issue of maintenance for educated wives, it’s important to first understand the legal framework governing maintenance in India.

The primary law governing maintenance claims in India is Section 144 of The Bhartiya Nagrik Suraksha Sanhita, 2023 . This section was introduced to prevent vagrancy and to provide financial security to spouses and children who are unable to maintain themselves. 

Under this provision, an educated wife or earning wife has the right to seek maintenance from her husband if she is unable to support herself, regardless of her educational qualification.

Additionally, the Hindu Marriage Act, 1955 (for Hindus) and the Muslim Women (Protection of Rights on Divorce) Act, 1986 offer specific provisions regarding the maintenance of a wife including educated as well as While Section 144 of BNSS is applicable to all religions, the two marriage-specific laws have their own maintenance clauses.

Now that we understand the general legal provisions, let’s address the key issue of whether an educated wife can claim maintenance.

“I’m Educated but Still Struggling After Divorce”  Do I Still Deserve Alimony?

Many women today are educated and skilled, some even employed, yet still find themselves financially unstable after a divorce. If you’ve ever wondered:

 “Will the court deny me alimony just because I’m educated?”
You’re not alone. And importantly—the answer is not that simple.

A landmark Supreme Court judgment from 2017 helped clarify how courts in India look at maintenance claims from educated women.

How Alimony Evolved: From Homemakers to Earning Women

Traditionally, alimony was awarded to housewives who had no income of their own. But times have changed.

Today, courts ask:

• Is the wife truly financially independent?
• Can she maintain the standard of living she had during the marriage?

It’s not just about gender anymore it’s about financial dependency.

The Supreme Court’s Take: Manish Jain v. Akanksha Jain (2017)

In this landmark case, the Supreme Court observed:

“A well-qualified spouse capable of earning should not sit idle and seek maintenance unless there are compelling reasons.”

But here’s the key takeaway:

Being educated doesn’t disqualify you from alimony—but it also doesn’t guarantee it.

Each case depends on actual financial need, not just degrees or potential.

Legal Provisions: What Laws Govern Maintenance?

Maintenance rights for women are governed by:

• Section 144 of the BNSS (replacing Section 125 CrPC)
• Section 24 & 25 of the Hindu Marriage Act
• Other personal laws depending on religion

The focus is not on gender—but on financial need. Even an MBA graduate can get alimony if she lacks adequate income for sustenance.

When Courts Deny Alimony to Educated Wives

Courts have rejected alimony claims where:

• The woman was already earning well
• The marriage was short-lived and childless
• The wife was deliberately unemployed despite being capable of earning

Note:  Courts look at current income and financial condition, not just your degree.

When Courts Grant Alimony to Educated Women

Even if you’re working, you may still be awarded alimony if:

• Your salary doesn’t cover your basic needs
• You left your career for children or family responsibilities
• There’s a huge income gap between you and your ex-husband

Real Case Insight

In Smt. Nidhi v. Shri Nishant Dubey, the wife—a qualified physiotherapist—was awarded ₹10 lakh in alimony because her husband earned significantly more.

Key Factors Courts Consider While Deciding Alimony

• Net monthly income of both spouses
• Duration of the marriage
• Educational background and employability
• Financial sacrifices made by the wife
• Presence of children or dependents
• Standard of living during the marriage
• Health and future earning capacity

 Don’t assume your education or employment means you won’t get support.

Conclusion: There’s No One-Size-Fits-All Rule in Alimony

While education and earning capacity are certainly factors that the court will consider, they are not decisive on their own. The Supreme Court has consistently maintained that an educated wife’s or earning wife is also entitled to maintenance depending on a variety of factors, including her financial condition, age, health, and the husband’s ability to pay the maintenance.

Therefore, no matter how educated a wife or earning wife may be, she still has the right to seek maintenance from her husband if she is unable to support herself adequately. The principle behind maintenance is not about penalizing a spouse for being educated or capable of earning but about ensuring fairness, dignity, and the right to a standard of living that is in line with the marital lifestyle.

Still asking, “Can I claim alimony if I have a job or a degree?”
The answer is: Yes—if you can’t support yourself independently.

Likewise, if you’re a husband being asked to pay alimony to a highly qualified and financially independent wife, the law protects you too.

Need Help Filing or Defending an Alimony Claim?

Whether you’re:

• A working woman seeking fair support
• Or a husband facing an unreasonable alimony claim

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs 

Q1. Can a working wife claim alimony after divorce in India?

Yes, if her income doesn’t allow her to maintain a similar standard of living as during the marriage.

Q2. Does the Supreme Court deny alimony to all educated women?

No. The Court examines financial capacity, not just education.

Q3. What factors do courts consider for working women?

Income of both parties, duration of marriage, standard of living, child responsibilities, and career sacrifices.

Q4. What did the Supreme Court rule in Manish Jain v. Akanksha Jain?

A capable, educated wife must prove financial need to claim maintenance.

Q5. Can a woman claim alimony if she left her job for family?

Yes. Career sacrifices are considered valid grounds for maintenance.

Q6. Can alimony be claimed years after divorce?

Yes, if the wife proves changed financial conditions, under Section 144 BNSS or personal law.

Q7. Is alimony monthly or lump sum?

It can be either, depending on the court’s decision or parties’ settlement.

Q8. Can an earning wife claim child maintenance?

Yes. Child support is independent of the wife’s income and is the father’s legal duty too.