The Bombay High Court has ruled that if there’s a significant income gap between spouses, the wife can still claim maintenance—even if she is earning. In a Bandra family court case, the husband, who earns over ₹1 lakh/month, was ordered to pay ₹15,000 in interim maintenance to his estranged wife, who earns around ₹19,000/month .

The court recognized a “huge disparity” in incomes and emphasized the wife should retain her pre-separation standard of living.The husband’s claim that the wife’s ₹40,000 income (including FDs) supported her was rejected. The High Court found she earns only about ₹19,000 net, which gets consumed by basic expenses . His salary slips indicated a much higher income than he claimed (₹1 lakh+ vs ₹57,000), and his purported financial burdens (like supporting parents) weren’t proved .

As Justice Deshpande noted, a wife’s earnings don’t automatically disqualify her from receiving support—what matters is whether she can maintain a lifestyle comparable to the one earlier enjoyed, and whether the husband can reasonably provide it .