Q: Discuss the citation of Ramiz Raza vs. The State of West Bengal & Ors ?

Ans: The Hon’ble High Court of Calcutta in a recent case, Ramiz Raza vs. The State of West Bengal & Ors. has held that a wife has statutory right to seek maintenance from her husband regardless of the fact that whether she is an earning individual or not.

It is mentioned, by virtue of the decision of the Supreme Court in the case of Bhagwan Dutt (supra) that even a wife who has substantial income of her own or even a working lady will be entitled to claim maintenance from her husband. Even if initially it was a misconception that a working woman is not entitled to claim maintenance because she has some substantial income and is able to maintain herself, but considering the decision rendered by the Supreme Court in the said case, it is evident that she can claim maintenance although she is an earning lady.

Finally, it can be inferred from the above said statutory provisions as well as the case laws that the earning wives do have right to seek maintenance subject to the income status of both the parties as well as the gap between the wives’ incomes as well as their requirements and wants, if any.