Wife Having LLB Degree No Ground To Refuse Maintenance: Gujarat High Court
The Gujarat High Court was considering a revisional application whereby the wife sought modification of the impugned order of the Family Court.
While upholding the maintenance amount granted in favour of a wife in a case of matrimonial discord, the Gujarat High Court has held that merely because the wife possesses an LL.B. degree cannot be a ground to refuse maintenance.
The High Court was considering a revisional application whereby the applicant wife sought modification of the impugned order of the Family Court, Ahmedabad. The wife claimed that at least Rs 25,000 per month as maintenance should be granted to her.
The Single Bench of Justice Hasmukh D. Suthar held, “Perusing the record, it appears that since 26.05.2016, the applicant has been living as a divorcee. It is a settled principle of law that a divorced wife is also entitled to maintenance and, as per social welfare legislation, it is the duty of the husband to maintain his wife. Merely because the applicant possesses an LL.B. degree cannot be a ground to refuse maintenance and the said aspect has also been considered by the Family Court.”
Advocate Maulik H Vaghela represented the Applicant, while Advocate Yash H Joshi represented the Respondent.
Factual Background
It was the case of the applicant that the marriage between the petitioner and the second respondent was solemnised in the year 2008. Initially, the matrimonial life of the parties was cordial; however, after about six months of marriage, the petitionerwife was allegedly subjected to physical and mental harassment by the second respondent and his family members on account of dowry. The parties started residing separately in rented premises from December 2013, but even thereafter, the petitioner allegedly continued to face physical and mental cruelty.
The petitioner signed a divorce deed and also filed an Application under Section 125 of the Cr.P.C. before the Family Court, Ahmedabad. Though interim maintenance of Rs 2,000 per month was awarded, the second respondent failed to comply with the same. The Family Court then awarded Rs 10,000 per month as maintenance, which, according to the petitioner, was grossly inadequate. As per the wife, the Family Court had not considered the fact that the respondent husband was earning a substantial income from singing work and organising musical shows.
Reasoning
Reiterating that the husband cannot escape from his liability to maintain his wife or children because it is the legal and ethical duty of the husband to maintain them, the Bench stated, “It is the duty of the husband to maintain his wife and to provide financial support to her and their children and he cannot shirk his responsibility as husband as well as father to maintain his legally wedded wife and children, which is his social and lawful duty towards them and the wife and children would be entitled to the same standard of living, which they were enjoying while living with them.”
Reference was made to the judgment of the Apex Court in Bhuwan Mohan Singh vs Meena (2015).
On a perusal of the facts of the case, the Bench noted that the Family Court had assigned proper reasons while passing the impugned order, and no case was made out for interference with the concurrent findings. “The application fails to satisfy the test for exercising revisional jurisdiction in light of the scope of revision laid down by the Hon’ble Apex Court”, it added.
Dismissing the revision application, it ordered, “However, if there is any change in circumstances in future and any modification or alteration in the amount of maintenance is required, it shall always be open for the applicant-wife to file an appropriate application under Section 127 of the Cr.P.C. before the concerned Court.”
Cause Title: A v. State of Gujarat (Neutral Citation: 2026:GUJHC:24635)
Appearance
Applicant: Advocates Maulik H Vaghela, Khushbu M Amlani
Respondent: Advocates Yash H Joshi, Additional Public Prosecutor Shruti Pathak