Highly Qualified But Unemployed Wife Has Right To Be Maintained By Husband Till She Gets Gainful Employment: Delhi High Court
The Delhi High Court has observed that a highly qualified wife, who is unemployed, has a right to be supported and managed by the husband till the time she is able to get gainful employment or develop the source of income.Justice Neena Bansal Krishna rejected a husband's plea challenging a family court order directing him to pay Rs. 1 lakh ad-interim maintenance monthly to the wife. It was...
The Delhi High Court has observed that a highly qualified wife, who is unemployed, has a right to be supported and managed by the husband till the time she is able to get gainful employment or develop the source of income.
Justice Neena Bansal Krishna rejected a husband's plea challenging a family court order directing him to pay Rs. 1 lakh ad-interim maintenance monthly to the wife.
It was the case of the husband- an Australian citizen, that the wife was a highly qualified and accomplished individual with an extensive academic background and a strong professional trajectory.
He contended that with her educational accomplishments, she was capable of gainful employment, but had voluntarily chosen not to work and that her financial dependency was a matter of personal choice rather than necessity.
He further said that the wife had been maintaining luxurious lifestyle independently without any financial support from him and that the Impugned Order was passed without fair appreciation of material facts and without assessing the balance of convenience.
He said that his existing lifestyle and financial life in Australia indicate that he was unable to manage his life expenses independently without requiring any support and loans and that he had received financial contributions from his mother along with support from his friends and family members, to help funds his Entrepreneurial venture.
On the other hand, the wife contended that she had left her job at the time of her marriage and was presently residing with her parents and being supported by them.
It was submitted that merely because she was highly qualified, can it be considered as a ground from being provided with the interim maintenance, especially when it may take some time for her to get some employment for his sustenance.
Rejecting the plea, the Court observed that though the wife was highly qualified and had excellence skills in HR and may with an effort, be able to get a job, but it cannot be overlooked that there was nothing to show that she was presently employed.
It added that it cannot be said that she had intentionally left the job, considering that she had left the job when she shifted to Australia after her marriage.
“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 said.
It said that it cannot be overlooked that the Order of maintenance was only ad-interim which implied that the interim maintenance Order shall be made after considering the affidavit of income, by considering the financial capacity and responsibilities of both the parties, aside from their personal qualifications.
“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 being 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.
Title: X v. Y