Domestic work cannot be denied – important comment of Delhi High Court in the maintenance case.
Delhi High Court, while giving an important decision in a case related to maintenance, has said that it is wrong to consider household work and raising children as ‘work’. The court made it clear that managing a household is as important and valuable as going out and doing a job. The court said that if the wife is educated or capable of working, she cannot be denied maintenance on this basis alone. Unless it is proved that the wife is actually earning adequate income, it would not be appropriate to deny her maintenance.
The Court also acknowledged that performing household responsibilities is a full-time job, which takes both time and labour. Therefore, women cannot be deprived of financial assistance by ignoring it. The Delhi High Court, while making an important comment in a case related to maintenance, said that a wife performing domestic responsibilities cannot be deprived of financial assistance merely on the ground that she is educated or capable of working.
The case pertains to a couple in which the husband has been working in Kuwait since 2015, while the wife is living in India with their minor child. The wife had demanded maintenance under Section 125 CrPC and Protection from Domestic Violence Act (PWDV Act). The lower court fixed maintenance for the child, but refused to pay maintenance to the wife.
wife cannot be ignored
This case was heard by the bench of Justice Swarna Kanta Sharma. The court said that merely assuming that the wife is educated or capable of working cannot be a basis for depriving her of maintenance. In India, women often leave their jobs after marriage. Many times, career comes to a halt due to shifting to another city, raising children and family responsibilities. It is not easy to get a job immediately after a long gap. Therefore, it is not appropriate to deny financial assistance to women only on the basis of potential income. The court acknowledged that the career gap caused by domestic responsibilities affects the actual economic condition of women and cannot be ignored.
Excuse of loan and EMI will not suffice
The case was heard by the bench of Justice Swarna Kanta Sharma. The court found that the husband’s monthly income was between US$5,000 to 6,400 (approximately Rs 4 to 5.3 lakh). He also has a fixed deposit (FD) of more than Rs 1 crore. In such a situation, the ability to provide maintenance cannot be questioned. The court said that it is not acceptable to avoid the responsibility of maintenance of wife and child by citing loan or EMI taken voluntarily. The court ordered that Rs 50,000 per month be given to the wife and Rs 40,000 per month to the child as interim maintenance. The court also directed that adjustments should be made in the amounts fixed under different laws, so that there is no double payment.
Advice for finding a solution through mutual consent
In the ongoing maintenance dispute between husband and wife, the High Court has made an important comment and advised both the parties to resolve the matter by mutual consent. The court said that especially when it comes to the future of the child, compromise can be a better path than a long legal battle. The court also made it clear in its order that ensuring the economic security of domestic women is the primary responsibility of the justice system. The Court held that such judgments not only protect the rights of the wife and child but also strengthen the respect of housewives in the society.
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