A Delhi court has refused to grant maintenance to a woman, Shiny Verma Bakshi, who had filed for domestic violence against her husband, Guneet Singh Bakshi, an orthopedic surgeon. Shiny had requested ₹50,000 per month as interim maintenance. However, the court ruled that since she is “highly qualified and capable of finding a source of income,” she is not entitled to financial support from her husband.
Qualifications and Ability to Earn
The court, presided over by Metropolitan Magistrate Swayam Siddha Tripathy, emphasized that the right to receive maintenance from a husband is not an absolute right. The wife must first prove her inability to support herself and show that her husband’s income or lifestyle is superior to her own. In this case, the court found that Shiny, an MBA graduate, is as qualified as her husband and fully capable of earning a living.
Court’s Observations on Dependency
In her appeal under Section 23 of the Protection of Women from Domestic Violence Act, 2005, Shiny claimed that she was unable to maintain herself. However, Magistrate Tripathy stated that Shiny has chosen not to seek employment, instead relying on her husband for support. The court noted that her husband, Guneet, is currently unemployed and not living a luxurious life.
Shiny and Guneet were married in 2018, and in her 2020 complaint, she alleged physical abuse by her husband and in-laws. The court acknowledged that while Shiny had been granted ₹8,000 per month in a previous lower court ruling, the High Court had dismissed her appeal, stating that Shiny was wealthier than her husband.
Willful Unemployment Not Encouraged
The court made it clear that the law does not aim to encourage willful unemployment or dependency on a spouse. The court stated, “The power of granting maintenance was not intended to equalize the income of both parties.” The legislation’s intent is to support those genuinely unable to earn, not to promote idleness.
The court further observed that Shiny comes from a well-off family and had received compensation from her first husband. In light of her qualifications and ability to find work, the court denied her request for maintenance.
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