These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard.
In case of Rajnesh v. Neha & Anr, Hon'ble Supreme Court stated that there can be no straitjacket formula for fixing such a quantum. Stressing upon the importance of maintaining a careful and just balance between all relevant factors, the Court held that the maintenance amount awarded must be reasonable and realistic. It directed the Courts to take cognizance of the fact that maintenance awarded to the applicant should neither be so extravagant that it becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the applicant to penury.
In addition to the statutory guidance, the Court laid down the following indicative factors to be considered before determining the quantum of maintenance (a) the status of the parties; (b) reasonable needs of the wife and dependent children; (c) whether the applicant is educated and professionally qualified; (d) whether the applicant has any independent source of income; (e) whether the income is sufficient to enable the applicant to maintain the same standard of living as she was accustomed to in her matrimonial home; (f) whether the applicant was employed prior to her marriage; (g) whether she was working during the subsistence of the marriage; (h) whether the wife was required to sacrifice her employment opportunities for nurturing the family, child rearing, and looking after adult members of the family; (i) reasonable costs of litigation for a non-working wife.
Apart from the aforesaid factors set out hereinabove, the Court laid down certain additional factors for determining the quantum of maintenance payable. These are inter alia as follows:
Age and employment of parties;
Duration of marriage;
Maintenance of minor children; and
Serious disability or ill health of a spouse, child /children from the marriage or dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration while quantifying maintenance.
The aforesaid factors are not exhaustive, and the concerned Court can exercise its discretion to consider any other factor/s, which may be necessary or relevant in the facts and circumstances of a particular case.
Further, in case of Manokaran vs. M.Devaki where it was held that Grant of maintenance to the wife working and earning more that her husband is improper and the same cannot be said that the wife was not having sufficient independent income.
She can demand alimony, however, depending on the facts and circumstances you mentioned it can be denied if defended properly. It can be claimed for child as well. Maintenance amount can be reduced if passed against him in appellate Courts since she is presently working and she will have to submit an affidavit in Court about her present financial status.
Detailed discussion is required in such cases with complete facts.
You may contact my secretary to connect with me for clarification.
Gopal Verma
Advocate on Record
Supreme Court of India