Spouse Who Can Work but Chooses Not To Shouldn’t Get High Maintenance: Delhi High Court
On Tuesday, the Delhi High Court said that a spouse who has the ability to earn but chooses to remain unemployed without a good reason should not put the financial burden on their partner in the form of maintenance.
The Court explained that maintenance doesn’t need to be calculated with exact math. Instead, it should give relief to the spouse who truly cannot support themselves during the legal case.
This decision was made by a division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta while reducing the maintenance amount granted to a wife by a family court during an ongoing divorce case.
“A spouse who can earn but stays idle without any effort or explanation should not force the other partner to carry all the financial responsibility,” the Court said.
The Court also pointed out that under the Hindu Marriage Act, maintenance can be asked by either husband or wife, as the law is gender-neutral.
Background of the Case
The case involved a husband who challenged the earlier order to pay ₹30,000 per month to his wife during the divorce proceedings. His lawyer said that under the Domestic Violence Act, he was already paying ₹21,000 and that amount was unfairly increased in the current case.
The husband said he has a low income, supports his aged parents and siblings, and has to repay a loan he took for his brother’s wedding. He also said his wife has a degree from Delhi University and used to earn ₹25,000 per month as a receptionist.
On the other side, the wife’s lawyer said she now works as a social worker and doesn’t get paid by the hospital where she is currently involved.
Court’s Observations
The Court looked at the documents and found that the husband’s actual monthly salary after deductions was ₹56,492. It also found that the family court gave no valid reason for increasing the maintenance to ₹30,000.
The Court noted that the husband’s family responsibilities and deductions are genuine and not created just for the court case.
As for the wife, the Court said she is well-educated and capable of working, but chose to work as an unpaid social worker. There was no reason stopping her from finding a paid job.
Final Decision
The Court decided to reduce the interim maintenance from ₹30,000 to ₹21,000 per month. However, it added that the amount will go up by ₹1,500 every year due to inflation and rising living costs.
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