Punjab and Haryana High Court: Wife Can’t Be Denied Maintenance for Being Well-Educated
The Punjab and Haryana High Court has ruled that an estranged wife cannot be denied maintenance simply because she is well-educated with a postgraduate degree.
Justice Bhardwaj delivered the judgment in response to a petition filed by a husband challenging a March 7 order from the Principal Judge (Family Court). This order awarded the wife a monthly maintenance of ₹2,500 from the filing of the petition until the order, and then ₹3,600 per month thereafter.
The petitioner’s counsel argued that the wife left the matrimonial home on her own and was not satisfied with her marriage, thus she should not receive maintenance. However, Justice Bhardwaj noted that there was no evidence showing the wife had deserted her husband without reason.
Justice Bhardwaj emphasized that Section 125 of the CrPC, which governs the awarding of maintenance, aims to prevent destitution and vagrancy. He added that there is no fixed formula for granting maintenance; it depends on various factors such as the status of the parties, and the independent income and property of the claimant.
Dismissing the husband’s plea, Justice Bhardwaj concluded that the maintenance granted to the wife, based on the husband’s income, was reasonable and legally sound. He stated, “In the overall facts and circumstances, this court finds no infirmity in the order passed by the Family Court; thus, the petition being devoid of any merit, is hereby dismissed.”
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