LinkedIn profile alone cannot deny wife maintenance

Synopsis A recent court decision in Bengaluru showcases the complicated nature of financial independence in maintenance disputes. The ruling made it clear that the wife's educational and professional accomplishments do not automatically invalidate the need for maintenance. Listen to this article in summarized format Listen ET Online A professional profile showing a good qualification, an impressive designation or an active career history may create the impression that a person is financially independent. But does that mean a wife can be denied maintenance simply because her LinkedIn or Facebook profile suggests that she is capable of earning? In a judgment dated October 28, 2026, the LV Additional City Civil and Sessions Court , Bengaluru, ruled that a wife's educational qualifications and social media profiles could not be treated as proof that she earned enough to support herself and her minor child. The court also considered the time and effort she spent caring for the child while deciding her maintenance. Why did the Bengaluru court rule in favour of maintenance? The case involved a couple who married in Bengaluru in June 2014 and moved to the US shortly afterwards, where the husband worked as an engineer. They had a son. The wife returned to India with the child in November 2017 and continued to live at her parental home. The wife later approached the court under the Protection of Women from Domestic Violence Act , 2005, seeking monetary relief, maintenance and other protection. The husband disputed the allegations and argued, among other things, that she was a qualified engineer who had completed an SAP course in the US and was capable of earning independently. The trial court had awarded maintenance of ₹15,000 per month for the child, ₹1.6 lakh annually towards the child's education and ₹8 lakh as compensation to the wife. However, it declined to grant maintenance to the wife, reasoning that she was qualified and could find employment. Both spouses challenged the order before the Bengaluru Sessions Court. The wife sought monthly maintenance of ₹1 lakh, while the husband sought to have the trial court's order set aside. During the proceedings, the husband's lawyer produced photographs and the wife's LinkedIn and Facebook profiles to argue that she was working. However, the court noted that the husband had not established what her actual income from the alleged employment was. The court also observed that the wife was unemployed when she filed the maintenance petition. Even if she had joined a job after 2023, the material placed before the court did not establish that she earned enough to maintain herself and her child. The court therefore held that her qualifications and online profiles could not, on their own, justify denying her maintenance. Can a husband's lawyer use a wife's LinkedIn profile to deny maintenance? A LinkedIn profile, professional designation or social media post can be relevant material in a maintenance dispute. It may give the court a reason to examine whether a person is employed or earning. But it does not automatically establish financial independence. A professional profile or qualification cannot be treated as conclusive proof of gainful employment. The court must establish the nature of the work, whether the employment is continuing and how much the person actually earns, explains Tushar Kumar, Advocate, Supreme Court of India. A person may have a professional qualification or a designation displayed online but may not be working at present. Even if employed, the income may be irregular or insufficient to meet reasonable living expenses. The law distinguishes between the capacity to earn and actually earning sufficient income. Maintenance must be assessed after considering the husband's earning capacity, the wife's financial needs, the standard of living during the marriage and the responsibilities involved in raising a child, says Apoorva Pandey, Advocate, Supreme Court of India. Therefore, a LinkedIn profile may prompt further scrutiny, but it cannot replace evidence of actual earnings. What documents can prove that a wife is earning? If a husband claims that his wife is financially independent, he needs to support that claim with credible evidence of her income. Kumar says relevant documents may include: Income-tax returns; Form 16; Salary slips; Employment agreements or appointment letters; Bank statements showing salary credits; and Business records or other documents establishing income from self-employment. If these records are not available to the husband, he can seek appropriate directions from the court for their production. The court may call upon the wife to disclose her financial position or direct relevant third parties, such as employers or banks, to provide records where necessary, says Priyanka Desai, Co-Founder and Partner, The Fort Circle. Kumar adds that the responsibility of establishing that the wife has sufficient independent means ordinarily rests on the husband who makes that claim. At the same time, a spouse must not conceal material income or assets. Deliberate suppression of financial information can lead the court to draw an adverse inference. Can a qualified but unemployed wife claim maintenance? Yes. A professional degree or the ability to find a job does not automatically disqualify a wife from receiving maintenance. The Supreme Court, in Shailja v. Khobbanna (2018), recognised the distinction between a person's capacity to earn and whether that person is actually earning. The Bengaluru court relied on this principle while examining the wife's entitlement. Desai says the key question is not simply whether the wife is employable, but whether the income she actually earns is enough to maintain herself at a standard comparable to the one she enjoyed in the matrimonial home. Even if a wife is employed, she may still be eligible for maintenance if her earnings are inadequate in relation to her reasonable needs and the financial position of her husband. However, maintenance is not an unconditional entitlement. Kumar says courts may also examine whether unemployment is genuine, whether income is intermittent, whether there are realistic employment opportunities and whether a person is deliberately avoiding work or concealing earnings. The decision therefore does not mean that a qualified spouse can automatically remain unemployed and claim maintenance in every case. The court has to assess the complete financial circumstances of both spouses. How does looking after a child affect a wife's maintenance? A further important aspect of the Bengaluru judgment is the court's recognition of the time and effort involved in raising a minor child. The wife had custody of the couple's son. The court observed that even if she took up employment based on her qualifications, she would still have to balance work with caring for the child. Her responsibilities would include attending to the child after school and meeting his day-to-day needs. The court noted that a mother who has custody of a child does not only spend money on the child's upbringing but also devotes substantial time and effort to it. This contribution cannot be measured purely in monetary terms. Pandey says childcare responsibilities are an important factor in assessing a wife's financial circumstances. A court must consider whether those responsibilities restrict her ability to take up or continue employment. This does not mean childcare automatically rules out employment. Rather, the court must consider the actual responsibilities involved and how they affect the person's ability to earn. How much maintenance did the Bengaluru court award? The Sessions Court partly allowed the wife's appeal and dismissed the husband's appeal. It modified the trial court's order by granting maintenance to the wife while retaining the amounts already awarded for the child and compensation. The final direc