The Bombay High Court recently ruled that women cannot be forced to work just because they are educated. The court highlighted that it is a woman’s choice to either work or stay at home.
Justice Bharati Dangre made this observation while hearing a revision application filed by a husband challenging a family court’s order in Pune. The court had directed him to pay maintenance to his wife, who he claimed was earning a steady income.
During the hearing, the husband’s lawyer, Advocate Abhijit Sarwate, argued that the family court unfairly ordered the husband to pay maintenance despite the wife having a job. Justice Dangre, however, was not convinced and emphasized the choice of educated women to either work or stay at home.
“Just because a woman is a graduate doesn’t mean she has to work and cannot stay at home,” remarked Justice Dangre. She illustrated her point by saying, “Today I am a judge; tomorrow, if I decide to stay at home, would you say I shouldn’t because I am qualified to be a judge?”
In this case, the couple married in 2010, and the wife, along with their daughter, began living separately in 2013. In April 2013, she filed proceedings under the Domestic Violence (DV) Act against her husband and his family. A year later, she filed for restitution of conjugal rights and also initiated proceedings under Section 498A (cruelty) of the Indian Penal Code.
While the DV proceedings were ongoing, the wife filed for maintenance under Section 125 CrPC before a family court. The application was allowed, and the judge directed the husband to pay ₹5,000 per month to the wife and ₹7,000 for the child’s maintenance.
The husband challenged this order, stating he lacked the resources to continue fighting the numerous proceedings filed by his wife. He also claimed that his wife falsely stated she had no source of income when she was actually employed.
The wife’s counsel requested time to respond to the husband’s contentions. The Court adjourned the hearing to next week.
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