Well-Educated Wife With Job Experience Must Not Remain Idle Solely To Gain Maintenance From Husband: Delhi High Court

The Delhi High Court has observed that a well educated wife with suitable job experience must not remain idle solely to gain maintenance from her husband.

“….this Court is of the considered view that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband,” Justice Chandra Dhari Singh said.

The Court dismissed a plea filed by a wife challenging a family court order denying her interim maintenance under Section 125 of the CrPC in a matrimonial dispute.

The couple got married in 2019 and immediately left for Singapore. The petitioner wife alleged that due to cruelty at the hands of her husband and his family members, the petitioner came back to India in February, 2021. It was also alleged that the husband got her spousal visa revoked and she was stranded alone in Singapore by him.

She alleged that the husband was in possession of her valuables due to which she was forced to sell all her jewellery to reach India and due to financial hardships, she started residing with her maternal uncle.

She submitted that she had graduated in her master's degree in the year 2006, worked from the year 2005 to 2007 in Dubai and thereafter, she was never financially and gainfully employed.

It was also submitted that the family court ignored the substantial gap between her graduation, her last job and the date of marriage, which showcased that she chose to not be employed gainfully and willingly remained idle.

On the other hand, the plea was opposed by the husband who argued that the wife was highly educated and capable of earning, and therefore, she could not claim maintenance under Section 125 of CrPC merely on the ground that she was unemployed.

It was submitted that the monthly maintenance amount of Rs. 3,25,000 demanded by the wife was excessive and disproportionate to the lifestyle she previously had in India. It was submitted that the wife had exaggerated his financial status while suppressing her potential earning capacity.

The Court said that it cannot ignore the fact that the wife was admittedly a well-qualified and able-bodied person and the whole situation where she was staying with her parents and later with maternal uncle indicated that she wanted to convince the court that she was unable to earn.

Observing that the case did not warrant grant of interim maintenance to the wife, the Court said:

“Regarding the prima facie evidence of deliberate unemployment, the WhatsApp conversation between the petitioner and her mother, legitimacy of which can be determined at the appropriate stage of trial, wherein the mother advises that employment would jeopardize alimony claims, is particularly telling. This communication, preceding the maintenance petition, strongly suggests a deliberate attempt to remain unemployed to seek maintenance claims.”

“Taking into consideration the observations made hereinabove, this Court is of the view that qualified wives, having the earning capacity but desirous of remaining idle, should now set up a claim for interim maintenance,” the Court said.

It added that the qualifications which the wife possessed as well as her past employment record showed that there was no reason why she ought not to be in a position to also maintain herself in the future.

“Moreover, this Court encourages the petitioner to actively look for a job to become self-sufficient as she already got wide exposure and is aware of the worldly affairs unlike other women who are not educated and are completely dependent upon their spouses for basic sustenance,” the Court said.

Title: X v. Y

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