The Delhi High Court has reaffirmed that an unemployed wife, regardless of her qualifications, was entitled to be financially supported by her husband until she is able to secure gainful employment or develop her own source of income.Justice Neena Bansal Krishna dismissed a husband’s plea challenging a family court order that directed him to pay Rs 1 lakh per month as ad-interim maintenance to his wife.The court underlined that being highly educated does not disqualify a woman from receiving maintenance if she is not earning any money at present.“Till such time she is able to get gainful employment or develop the source of income, she has a right of being supported and managed by the petitioner, her husband,” the court held.The husband, who is an Australian citizen, had argued that his wife was an accomplished professional with a strong academic and career background, and was capable of earning a livelihood. He claimed that his wife had voluntarily chosen not to work, making her financial dependency a matter of choice, not necessity.He further submitted that the wife had been maintaining a luxurious lifestyle independently, without his financial support. He claimed that the family court had issued the maintenance order without properly appreciating the facts or balancing the convenience of both parties.The petitioner further told the court that his own financial situation was precarious, wherein he was relying on loans, support from family and friends and contributions from his mother to sustain his entrepreneurial venture in Australia.The wife, however, contended that she had quit her job at the time of marriage and was now living with her parents, who were supporting her currently. Her counsel submitted that her qualification alone should not be a ground to deny her maintenance — particularly since it may take time to re-enter the job market and secure a source of income.Rejecting the husband’s arguments, the court observed: “Though the wife was highly qualified and had excellent skills in HR and may be able to get a job with an effort, but it cannot be overlooked that there was nothing to show that she was presently employed.”It also noted that the wife had left her job when she moved to Australia after marriage, and there was no indication that she had wilfully remained unemployed.However, the court emphasised that the order in question was only ad-interim in nature, meaning it was meant to provide immediate relief to the wife until the final decision on interim maintenance was made, after taking into account affidavits of income and the financial responsibilities of both parties.“To say at this stage that by granting maintenance to the respondent despite her earning capacity, would be breeding a class of idle women who are a burden on their husband, may be premature and unwarranted, especially considering that it is only an ad-interim maintenance order to provide immediate relief to the lady till such time the interim maintenance application is decided,” the court said.It added that the professional qualifications of a woman cannot automatically nullify her right to maintenance, particularly when she is not presently earning and the matrimonial relationship is under strain.The High Court thus upheld the family court’s directive and dismissed the husband’s plea in its entirety.
Qualified, but unemployed wife has right to maintenance, says Delhi High Court
