A Delhi court has confirmed that an unemployed husband can still be directed to pay maintenance to his wife. The ruling came from Additional Session Judge Sanjay Sharma II, who stated that losing a job does not mean a husband is free from his duty to support his wife.
This decision came from a criminal appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005. The appeal challenged a judgment from April 1, 2021, which ordered the husband to pay Rs 5,133 a month in interim maintenance to his wife until the case’s final resolution.
The wife had previously filed a complaint under Section 12 of the Act, alleging physical and mental abuse due to insufficient dowry and leaving the shared home in October 2013. She claimed that her husband was earning over Rs 50,000 per month and living a luxurious lifestyle.
Despite the husband’s claim of unemployment and monthly expenses of Rs 5,600, the court found that his termination of employment did not exempt him from his maintenance obligations. The husband, who is a skilled photographer and lives in a wealthy Delhi suburb, was deemed capable of earning and was not physically restricted from working.
The court upheld the order requiring the husband to pay Rs 5,133 per month in interim maintenance, concluding that there was no reason to overturn this decision.
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