Delhi High Court refused to grant maintenance to a woman, stating that the purpose of the law is not to establish a group of individuals waiting idly for financial support
The Delhi High Court, in a recent decision, declined to order a man to provide maintenance to his wife, who is already earning. The court emphasized that the purpose of maintenance laws is not to encourage individuals to remain idle and depend on their estranged partners for financial support. They pointed out that the woman, besides having the capacity to earn, was actively employed. The court cited a previous judgment that clarified that maintenance laws are designed to assist spouses who genuinely cannot support themselves, despite their sincere efforts.
The woman in this case had appealed a family court's decision denying her request for maintenance from her estranged husband. She had sought interim maintenance of Rs 35,000 per month and litigation expenses of Rs 55,000.
The High Court took note of the woman's educational qualifications, including her M.Phil degree at the time of marriage and her subsequent Ph.D. in Management, along with professional qualifications in computers. Importantly, the court found that she was actively working while her husband was a simple graduate. The court also observed that the woman initially failed to disclose her employment status and her true income, only revealing it after filing her application. The court concluded that someone with such qualifications and earning capacity, who failed to honestly disclose their income, cannot be entitled to maintenance.
Furthermore, the court mentioned that the woman's claim for maintenance under the Protection of Women against Domestic Violence Act had also been denied. Consequently, the court dismissed her appeal, finding no merit in it.