Foreign-Educated Woman Who Had Plum Dubai Job Pre-Marriage Sues Ex-Hubby For Maintenance, Gets Schooled By HC

Woman had contested trial court's rejection of her plea for maintenance, saying she was unemployed and had no independent source of income, while her husband was earning well.

Representational image of Delhi High Court.

Source : PTI

New Delhi: The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not "idleness", the Delhi High Court has held.

The high court said qualified wives, having an earning capacity but desirous of remaining idle, should not set up a claim for interim maintenance.

"Section 125 (order for maintenance of wives, children and parents) of the CrPC carries the legislative intent to maintain equality among the spouses, provide protection to the wives, children and parents, and not promote idleness" Justice Chandra Dhari Singh said in an order on Wednesday.

The court passed the order while dismissing a woman's plea challenging a trial court's order denying her interim maintenance from her estranged husband.

The court, however, encouraged the woman 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 completely dependent upon their spouses for basic sustenance.

The couple got married in December 2019 and left for Singapore. It was alleged by the woman that owing to the cruelties done to her by her husband and his family, she returned to India in February 2021.

The woman claimed she had to sell her jewellery to return to India and due to the financial hardships, she started residing with her maternal uncle. In June, 2021, she filed a petition seeking maintenance from her husband.

The plea was rejected by the trial court after which she approached the high court.

The woman claimed that the trial court erred in rejecting her plea for maintenance as she was unemployed and has no independent source of income, while her husband was earning well and leading a luxurious lifestyle.

However, the man opposed the plea saying it was a gross abuse of process of law and the woman was highly educated and capable of earning and cannot claim maintenance merely on the grounds of being unemployed.

Refusing to grant any relief to the woman, the high court said it was unable to comprehend why, despite being able-bodied and well qualified, she chose to remain idle since her return to India.

The court noted that the woman has a master's degree from Australia and was earning well in Dubai before her marriage.

It agreed with the view taken by the trial court that while the woman claimed that she cannot sit idle and was trying to search for a job, she has not placed any evidence of her efforts to secure employment or resume her business activities.

"This court is of the considered view that the mere assertion of job-seeking, without corroborative evidence, is insufficient to establish genuine efforts of self sufficiency," the high court said.

Taking note of certain conversations between the woman and her mother, the court said they showed the ex facie malafides on her part to seek maintenance.

"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. Therefore, interim maintenance is being discouraged in the present case as this court can see potential in the petitioner to earn and make good of her education," Justice Singh said. 

(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)