Introduction
The Delhi High Court ruled that a well-educated wife with prior job experience cannot remain unemployed just to claim maintenance. The court dismissed the wife’s plea for interim maintenance under Section 125 of CrPC, emphasizing that she had the capacity to earn.
Case Background
The couple married in 2019 and moved to Singapore. The wife returned to India in February 2021, alleging cruelty by her husband and in-laws. She claimed her husband revoked her spousal visa, leaving her stranded in Singapore. She also alleged that he kept her valuables, forcing her to sell jewelry to fund her return. Due to financial struggles, she moved in with her maternal uncle.
She argued that although she had a master’s degree and prior work experience in Dubai (2005–2007), she had not been employed since. She claimed the family court ignored the long gap between her last job and marriage, proving her financial dependence.
Petitioner’s Stance
The wife contended that she had no financial means and demanded ₹3,25,000 as monthly maintenance. She argued that her lack of employment was not intentional and that the family court failed to consider her circumstances.
Court’s Ruling
The husband opposed the plea, asserting that the wife was highly educated and capable of earning. He argued that she exaggerated his financial status while downplaying her own earning potential. The court noted that she was an able-bodied, qualified individual who had deliberately remained unemployed to claim maintenance.
A key factor in the ruling was a WhatsApp conversation between the wife and her mother. The messages suggested a deliberate strategy to stay unemployed for a higher alimony claim. The court found this evidence crucial in determining her intent.
Final Verdict
The court denied interim maintenance, stating that educated wives with the ability to work should not misuse legal provisions. It urged the wife to seek employment instead of relying on maintenance. The judgment reinforced the principle that maintenance is for those genuinely in need, not those who choose to remain idle.
