A Delhi mahila court has denied maintenance to Shiny Verma Bakshi, a highly qualified MBA graduate, in a domestic violence case. The court ruled that she is capable of supporting herself and does not require financial support from her husband, Guneet Singh Bakshi, an orthopaedic surgeon.
Shiny had requested an interim maintenance of Rs 50,000 per month. However, Metropolitan Magistrate Swayam Siddha Tripathy stated last month that the right to receive maintenance is not an absolute entitlement for a wife.
The magistrate explained that Shiny needed to first demonstrate her inability to support herself and prove that her husband earns significantly more and maintains a better lifestyle. She also had to show that her income is insufficient to maintain the standard of living she was accustomed to during the marriage.
Magistrate Tripathy noted that Shiny is well-educated and capable of finding employment. He mentioned that she had not sought a job and had chosen to depend on her husband instead. The court also observed that Guneet, the husband, was not living a luxurious life and was not currently employed.
Shiny and Guneet married in 2018. In her complaint, filed in 2020, Shiny alleged that Guneet and his family had abused her. Initially, a lower court granted her Rs 8,000 per month, but this decision was contested. The high court dismissed her plea, pointing out that Shiny was financially better off than her husband.
The court emphasized that the intent of maintenance laws is not to promote voluntary unemployment or unnecessary dependence on a spouse. It highlighted that Shiny’s qualifications and previous compensation from her first husband indicated her ability to earn a living.
Therefore, the court decided not to grant maintenance, asserting that Shiny’s ability to support herself made further financial support unnecessary.
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