Cuttack: The Orissa High Court said that law never appreciates those wives who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualification.
Justice G Satapathy said this while hearing an appeal filed by a husband challenging a Rourkela family court order directing the husband to pay a sum of Rs.8,000 per month to his wife for her maintenance.
Wife admitted that she was earlier working and is a science graduate, High Court noted
The High Court noted that the respondent wife was jobless at the time of filing of the application seeking maintenance from her husband but she in her cross-examination admitted that she was earlier working and is a science graduate having Post Graduation Diploma in Journalism and Mass Communication. It also took note of the net take home salary of the husband and that he has a dependent mother.
Wife has definite prospect to work and earn for her sustenance: High Court
The High Court, while taking note of the conclusion of the family court that the wife is a well-educated lady and can support herself financially by doing a suitable job, but she was not working anywhere currently to earn her livelihood, said that it goes to show that not only she is a well-educated lady, but also she was previously working in some media houses and she has definite prospect to work and earn for her sustenance.
Intention and objective of legislature is to provide succor to those wives who are unable to maintain themselves: High Court
“It is found in this case that the wife had earlier worked in some media houses and she has got definite prospect to work and earn her livelihood. The intention and objective of legislature in enacting section 125 of CrPC (Code of Criminal Procedure) is to provide succor to those wives, who are unable to maintain themselves and have no sufficient income for their sustenance,” the High Court said and added, “The social objective behind the provision for grant of maintenance, if considered on the admitted facts as discussed in this case, it would go to disclose the wife’s need and requirement to be balanced not only with the income and liability of the husband, but also has to be considered on the backdrop of the education and prospect of the wife to earn.”
High Court reduced the quantum of maintenance
The High Court said that taking into account the admitted income of husband and balancing it with the requirement of the husband together with his dependent mother and taking into consideration the responsibility of the husband to maintain his wife – who in this case at the time of filing of application for grant of maintenance was jobless but she having definite prospect to work and earn her livelihood – interest of justice would be best served if the quantum of maintenance is reduced by Rs.3,000 per month.
“Accordingly, the petitioner-husband is liable to pay the maintenance @ Rs. 5,000 per month to the wife with effect from the date of application and the balance arrear amount be accordingly calculated and paid to the wife in cash in four bi-monthly instalments with first instalment commencing from 7th March, 2025,” the High Court said while partly allowing the husband’s appeal.
