Bengaluru: A woman cannot be denied maintenance merely because she holds an engineering degree or has professional profiles on social media, a Bengaluru sessions court has ruled, directing her estranged husband to pay her ₹20,000 per month.
Judge Mohan Prabhu passed the order while hearing cross-appeals filed by the couple challenging a magistrate court’s decision on maintenance and compensation under the Protection of Women from Domestic Violence Act, 2005.
The court observed that educational qualifications and the possibility of employment do not establish that a woman is financially independent. Her actual income and ability to support herself must be considered before denying her financial assistance.
Social media profiles do not prove financial independence
During the proceedings, the husband argued that his wife was qualified to earn and capable of maintaining herself. To support his claim, his counsel submitted photographs and screenshots of her LinkedIn and Facebook profiles.
However, the sessions court found that these materials did not establish that she was employed or earning a sufficient income to support herself and her child.
The judge observed that merely holding an engineering degree or having a professional presence on social media cannot be treated as proof of financial independence. Evidence of actual earnings was necessary to determine whether she could meet her living expenses without financial support.
The court also noted that the responsibility of raising and caring for a child could restrict a woman’s opportunities to pursue employment. Therefore, her educational qualifications alone could not be used as a reason to deny her maintenance.
Woman returned to India with child in 2017
The court noted that the woman had returned to India from the United States with her child in November 2017 and had since been living with her parents.
According to the case, the husband had allegedly failed to provide maintenance to either his wife or their child after their return.
The judge considered the circumstances surrounding the woman’s return and her responsibility for the child’s upbringing while examining her claim for financial support.
The court emphasised that the ability to obtain employment should not be confused with having a stable income sufficient to meet one’s needs and responsibilities.
Withholding financial support can amount to economic abuse
The sessions court also referred to the provisions of the Protection of Women from Domestic Violence Act, 2005.
It observed that withholding financial resources required for a woman’s livelihood could amount to economic abuse under the law.
Apart from directing the husband to pay ₹20,000 per month as maintenance to his wife, the court restrained him from subjecting her to abuse through physical, verbal, written, electronic or telephone communication.
Magistrate had denied separate maintenance to wife
The couple married in Bengaluru in 2014 and later moved to the United States, where the husband was employed as an engineer. They have a son.
Following differences in their relationship, the woman returned to India with their child in November 2017. She subsequently approached a magistrate court, alleging physical, mental and economic harassment.
In April 2025, the magistrate directed the husband to pay ₹15,000 per month towards the child’s maintenance, ₹1.6 lakh annually towards education expenses and ₹8 lakh as compensation to the woman.
However, the magistrate denied her separate maintenance, citing her engineering qualification and employment prospects.
Both parties challenged the order before the sessions court. While the husband contested the financial directions, the wife sought maintenance for herself as well.
After examining the appeals, the sessions court directed the husband to pay ₹20,000 per month to his wife, holding that her educational qualifications and social media profiles alone were insufficient to establish financial independence.