Delhi Court Refuses Maintenance to Educated Wife, Says She Can Earn Herself
A Delhi Mahila court has denied interim maintenance to a woman in a domestic violence case, stating that she is “highly qualified and capable of earning on her own.”
Shiny Verma Bakshi, who holds an MBA degree, had filed a plea seeking ₹50,000 per month as maintenance from her husband, Guneet Singh Bakshi, an orthopaedic surgeon. However, Metropolitan Magistrate Swayam Siddha Tripathy, in a recent order, ruled that receiving maintenance is not an absolute right of the wife.
The court said a woman must first prove her inability to manage basic needs and show that her husband lives a better lifestyle. Only then can she claim financial support under the law.
In this case, the magistrate noted that Shiny is equally qualified as her husband and is physically fit and well-educated. Despite this, she chose not to seek employment and wanted to rely on her husband for support.
“There is no evidence showing that the husband enjoys a higher standard of living. In fact, he is currently unemployed and not living a luxurious life,” the court observed.
Shiny and Guneet married in 2018. In her complaint filed in 2020 under Section 23 of the Protection of Women from Domestic Violence Act, Shiny alleged physical abuse by her husband and in-laws.
Previously, a lower court had granted her ₹8,000 per month as interim relief. However, this was challenged, and the High Court observed that she appeared wealthier than her husband.
While the Mahila court said this observation doesn’t stop her from seeking remedies under domestic violence law, it added that the intention of the legislation is not to support voluntary unemployment or promote dependency.
“The complainant comes from a well-off family and has even received compensation from her previous marriage,” the court noted.
In conclusion, the magistrate said, “The complainant is highly qualified and fully capable of earning a living. Granting maintenance would only encourage idleness and unnecessary dependence. Therefore, I am not inclined to grant any maintenance.”
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