Delhi High Court: Educated Wives with Earning Capacity Shouldn’t Seek Interim Maintenance

Delhi High Court: The Delhi High Court has decided that educated women capable of earning should, however, not demand interim maintenance from estranged husbands, saying the law does not support financial idleness. Justice Chandra Dhari Singh made the remark on March 19 while dismissing a woman's plea challenging the order of a trial court in which she was denied interim alimony.

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The court reiterated that the object of Section 125 CrPC is to maintain a balance of equality between the partners for men and women by introducing the provision of maintenance for wives, children, and parents, instead of fostering dependency on others. Justice Singh stated that "an educated wife having experience in a suitable gainful employment ought not remain idle just to get maintenance of her husband." The learned judge further clarified that in this case, no interim maintenance would be availed by the petitioner, as she was capable of earning and utilizing her knowledge.

To develop her self-reliance, the court encouraged the woman to search for a job without delay. It further pointed out that she had some exposure and awareness of worldly affairs, unlike uneducated women who are completely dependent on their husbands to get by.

From the facts of the case, the lady was married to the husband in December 2019 and moved with him to Singapore thereafter. She alleged that she was subjected to cruelty by her husband and his family, compelling her to return to India in February 2021. She further claimed to have sold her jewelry to fund her return and, due to financial hardship, began living with her maternal uncle; on June 2021, she filed a petition for maintenance against her husband.

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Rejection of her claim by the trial court brought her to the high court. She said while applying that she was unemployed with no independent income, her husband allegedly earned a good income and led a very lavish lifestyle.

The high court held, however, refusing her claims, reiterating that the law does not support financial idleness where a person is able to work and earn." The trial court was upheld.

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