Educated Wives Cannot Be Denied Maintenance: Punjab and Haryana High Court
The Punjab and Haryana High Court has ruled that a wife cannot be denied maintenance simply because she is well-educated or holds a postgraduate degree. Justice Bhardwaj made this observation while dismissing a husband’s petition challenging a Family Court’s maintenance order.
The case involved a husband contesting the Principal Judge (Family Court)’s decision to award his estranged wife monthly maintenance of ₹2,500, later increasing to ₹3,600. The husband argued that his wife left the matrimonial home voluntarily and was, therefore, not entitled to maintenance.
However, Justice Bhardwaj clarified that there was no evidence to prove the wife deserted her husband without valid reason. The judge emphasized that the purpose of Section 125 of the CrPC is to prevent destitution and vagrancy. Factors such as the couple’s social status, the wife’s income, and her property are considered when granting maintenance, but education alone cannot be a reason to deny it.
Citing Supreme Court precedents, Justice Bhardwaj stated that there is no fixed formula for granting maintenance, as each case depends on its unique circumstances. The court found the Family Court’s maintenance award reasonable based on the husband’s income and dismissed the husband’s petition.
This decision reinforces the legal protections for estranged wives and ensures that their education level does not limit their right to maintenance.
Key Judgment:
The court ruled that maintenance is a legal obligation to safeguard against financial hardship, irrespective of a wife’s educational qualifications.
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