A Supreme Court hearing on wife maintenance has revived a basic legal question in India: can a husband cite low earnings and still avoid payment?

Why This Maintenance Dispute Has Drawn Attention?

A fresh Supreme Court hearing has pushed maintenance law back into the spotlight. During the hearing, the husband said he earned only ₹325 a day, or about ₹9,000 a month, and could not pay ₹12,000 per month to his wife.

The bench was not convinced. Reports published by India Today on 1 March 2026 and Bar & Bench on 28 February 2026 said the Court questioned whether such an income claim was believable in present conditions and signalled that maintenance to the wife could not be dodged so easily. The Court has reserved judgment, so the strongest lines from the hearing remain oral observations for now.

Key Detail	Verified Position
Hearing reported on	28 February 2026 by Bar & Bench, 1 March 2026 by India Today
Bench	Justice Vikram Nath and Justice Sandeep Mehta
Husband’s income claim	₹325 per day, about ₹9,000 per month
Wife’s demand	₹12,000 monthly maintenance with annual increase, or ₹30 lakh lump sum
Current status	Judgment reserved

What The Supreme Court Hearing Revealed?

The immediate issue came up in a divorce-linked dispute where the husband described himself as a daily wager employed with Hindustan Auto Agency. According to India Today’s 1 March 2026 report, he said that even after working through the month, his income stayed near ₹9,000, making ₹12,000 monthly maintenance impossible.

The bench reportedly found the figure difficult to accept and even indicated that it could call the employer to verify the claim. Bar & Bench, in its 28 February 2026 report, similarly recorded the Court’s remark that hardly anyone earns ₹9,000 a month now. Both reports also noted the wife’s demand for either continuing monthly support with annual escalation or a ₹30 lakh one-time settlement.

The viral line about paying maintenance even by taking a loan has gained traction because it captures the Court’s mood during the hearing. But the legally careful reading is narrower. What is publicly verified so far is a strong oral pushback from the bench against a low-income defence, not a final written ruling creating a new blanket formula for all maintenance disputes. That distinction is important for news coverage and for SEO-led legal reporting.

How Earlier Rulings Set The Ground For This?

This hearing fits a longer judicial line. In Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto, judgment dated 10 January 2025, the Supreme Court said Section 125 CrPC is a social justice measure meant to prevent destitution and vagrancy. In that case record, the husband’s pay-slip showed a gross salary of ₹62,000 and net salary of ₹43,211, while the Family Court had directed ₹10,000 per month as maintenance from 3 August 2019. The judgment underlined that a wife’s maintenance right cannot be brushed aside through weak excuses.

Then, in Rajnesh v. Neha-style principles reiterated in a later Supreme Court judgment dated 31 January 2025, the Court said maintenance must account for food, clothing, shelter, education, medical expenses, the standard of living in the matrimonial home, and the impact of inflation. It also said that even if a husband claims to have no source of income, his ability to earn based on education and qualifications must be considered. The same judgment recorded that the earlier award under Section 125 CrPC in that dispute was only ₹3,000 per month and found that the husband had not been forthright in disclosing income and assets.

In another Supreme Court judgment dated 10 December 2024, the Court noted evidence that the appellant had earned over ₹4,00,000 per month between 2007 and 2016 and said courts must consider inflation, rising living costs and truthful financial disclosure while fixing maintenance. It also recorded a pattern of deliberate suppression of assets aimed at reducing liability.

Earlier Supreme Court rulings also show a clear pattern: concealment and weak income pleas usually fail.

Stat / Legal Marker	Verified Detail
Case name	Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato
Gross salary on record	₹62,000
Net salary on record	₹43,211
Maintenance directed by Family Court	₹10,000 per month
Date from which maintenance was payable	3 August 2019
Key legal principle	Section 125 CrPC is a social justice measure to prevent destitution and vagrancy
Earlier low award noted in later ruling	₹3,000 per month under Section 125 CrPC
Permanent alimony factors	Food, clothing, shelter, education, medical expenses, lifestyle during marriage
Husband’s earning capacity test	Even with no claimed income, court can assess ability to earn from education and qualifications
Income level noted in another ruling	Over ₹4,00,000 per month between 2007 and 2016
Disclosure rule stressed by court	Inflation, living costs and truthful financial disclosure must be considered
Court’s finding on conduct	Deliberate suppression of facts and assets aimed at lowering maintenance liability

These figures strengthen the present hearing’s core takeaway: courts test disclosure, earning capacity and actual lifestyle carefully.

What The Stakeholders Have Put On Record?

The bench’s message, as captured by India Today and Bar & Bench, was simple: a doubtful income claim will not easily defeat a wife’s maintenance claim. The husband’s side said the income disclosure was genuine. The wife’s side asked for ₹12,000 per month with annual increase or ₹30 lakh as one-time settlement.

Separately, a LoansJagat report published on 25 November 2025 noted that divorce-related financial disputes often spill into loan records, co-borrower exits and property documentation, adding another layer to marital breakdowns.

Conclusion

The present hearing does not yet amount to a final Supreme Court rule saying every husband must literally borrow to pay maintenance. But the direction is clear. Courts are increasingly unwilling to accept bare low-income claims when a wife’s right to dignified support is at stake.

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