Educated wife can’t claim maintenance...: Orissa HC's ruling garners praise amid rising divorce cases

Recent high-profile cases like Atul Subhash's suicide have sparked a nationwide debate on the misuse of laws designed to protect women in marital disputes. The Supreme Court has repeatedly highlighted the need for a balanced approach in implementing these laws.

The rise in suicides among men due to torture by wives and in-laws has also triggered a broader discussion on men's rights and the need for gender-neutral laws in India. There have been several demands for the establishment of a National Commission for Men to address these concerns.

Amidst calls for reform in the legal system to prevent misuse of marital laws while ensuring protection for genuine victims, Orissa High Court has brought major relief for men after the top court observed that a well-educated wife with work experience, who can support herself financially by doing a suitable job, cannot remain idle to claim maintenance/alimony from her husband.

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

Justice Gourishankar Satapathy observed that an educated wife has definite prospects to work and earn for her sustenance.

“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 qualifications,” Justice Satapathy observed.

He further added, “The intention and objective of the legislature in enacting Section 125 of CrPC is to provide succor to those wives who are unable to maintain themselves and have no sufficient income for their sustenance.”

The decision was taken after considering the husband’s income and balancing it with his requirements together with the fact that he has to take care of his dependent mother besides the responsibility to maintain for his wife. 

Justice Satapathy and the Orissa High Court is now being hailed on social media with praises coming from all quarters, particularly on X (formerly known as Twitter).

“Setting a benchmark for others 🙏” shared a social media user.

Likewise, another user commented, “Odisha is very much underrated; it is way higher in terms of its literacy, people, culture than most of States.”

“I think this is a landmark judgment and a fair one as well. More power to you in helping men of this country,” shared another user.

“Thank you Milord 😍😍!! Finally u did this instead of giving "Tarikh pey Tarikh", shared another user.

Worth mentioning, according to the case records, the woman got married on Sept 9, 2013. After just two or three months, she started living separately since December 9 of the same year. Later, she moved the Rourkela family court seeking divorce and alimony.

Even as the family court noted that the wife is a science graduate with a post graduate diploma in journalism and mass communication, directed the husband to pay Rs 8000 per month as maintenance. Following the family court’s verdict, the husband challenged it in high court.

Hearing the case, Justice Gourishankar Satapathy noted that the wife is not only a well-educated woman but has previously worked in some media houses. The judge also observed that she has definite prospects to work and earn for her sustenance and thereby reduced the alimony to Rs 5000/month.

“This court considers that the interest of justice would be best served if the quantum of maintenance is reduced by Rs 3000 per month,” Justice Satapathy said in his order.