Educated wife can’t claim maintenance by staying idle: Orissa High Court

The Orissa High Court recently ordered that a well-educated wife with experience in a suitable gainful job cannot remain idle solely to claim maintenance from her husband.

Hearing a recent case, the High Court reduced the maintenance amount ordered by a family court in a divorce case from Rs 8,000 to Rs 5,000 per month.

“The 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 Gourishankar Satapathy observed while delivering the judgment in the case.

“The intention and objective of legislature in enacting Section 125 of CrPC is to provide succour to those wives, who are unable to maintain themselves and have no sufficient income for their sustenance. The facts go to show that the wife apart from being a well-educated lady was previously working in some media houses and also has definite prospects to work and earn for her sustenance,” he added.

As per reports, the wife in the above case, who is a science graduate having a post-graduation diploma in journalism and mass communication, had filed a petition in the Family Court for a grant of maintenance to her by the husband. 

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Hearing the case, the Family Court, Rourkeka, directed the husband to pay Rs 8,000 per month to his wife in lieu of maintenance. 

However, the husband moved the High Court over the matter. Taking into consideration the admitted income of the husband, balancing it with his requirement together with his dependent mother, his responsibility to maintain his wife who is presently jobless and also her having definite prospect to work and earn her livelihood, Justice Satapathy said, “The court considers that interest of justice would be best served if the quantum of maintenance is reduced by Rs 3,000 per month.”

Subsequently, the husband was directed to pay the maintenance of Rs 5,000 per month to her.