
Maintenance law meant to promote equality among spouses, not idleness: Delhi HC
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.
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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