Can an Unemployed Husband Be Asked to Pay Maintenance to His Wife? Delhi Court Answers
The Delhi court has made it clear that an unemployed husband cannot avoid paying maintenance to his wife just because he lost his job. If the husband is capable of working and earning, he must still support his wife financially.
This decision came from Additional Sessions Judge Sanjay Sharma II in a case under the Protection of Women from Domestic Violence Act, 2005. The husband had appealed against an earlier court order that required him to pay ₹5,133 per month to his wife as interim maintenance.
The wife had filed a case under Section 12 of the Act, stating she was mentally and physically abused for not bringing enough dowry. She had left the shared home in October 2013 and claimed that her husband earned over ₹50,000 per month and lived a lavish lifestyle.
The husband argued that he lost his job and had no income. But the court noted that he holds a bachelor’s degree, is a skilled photographer, and lives in a luxurious ancestral home in a rich part of Delhi. He also has no health issues that prevent him from working.
The court said being jobless doesn’t mean he can’t earn. Just because he lost his job doesn’t free him from his duty to maintain his wife. His monthly expenses are around ₹5,600, and although he said his mother depends on him, he didn’t explain how he earns money.
The judge found no valid reason to cancel the order and upheld the decision that the wife should continue receiving ₹5,133 per month as maintenance.
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