According to a recent ruling by Additional Session Judge -03, Delhi, termination of service does not exempt a husband from his duty to maintain his wife, even if he is currently unemployed and seeking new employment opportunities. This judgment has significant implications, particularly in cases brought under the Protection of Women from Domestic Violence Act, 2005.
The case involved a criminal appeal filed against a judgment dated 1.4.2021, which ordered the appellant to pay interim maintenance of Rs 5,133 per month to his wife from the date of the petition’s filing until its final disposition. The complaint, filed under Section 12 of the Act, alleged physical and mental torture against the wife due to insufficient dowry, leading her to leave the shared household in October 2013.
Despite the appellant’s termination of service, the court emphasized that this circumstance does not absolve him of his responsibility to provide maintenance to his wife. The appellant, who holds a bachelor’s degree and possesses photography skills, resides in a wealthy Delhi suburb in an ancestral mansion. The court noted that he does not have any physical limitations preventing him from seeking employment.
Considering the appellant’s potential to earn, the court upheld the order for interim maintenance, emphasizing the importance of fulfilling marital responsibilities, irrespective of employment status. This ruling reaffirms the principle that termination of service does not release a husband from his obligation to support his wife financially.
