Highly Educated Wives Cannot Remain Idle Just To Claim Maintenance From Husbands: Orissa High Court
"Law never appreciates those wives who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualification," the Court held.
The Orissa High Court has ruled that a well-educated woman cannot sit idle without attempting to work merely to impose the financial burden of maintenance on her husband.
The Court emphasized that maintenance under Section 125 of the CrPC is meant for wives who are genuinely unable to support themselves.
The Single Bench of Justice Gourishankar Satapathy made these observations while reducing the maintenance awarded to a woman by the Family Court.
"Law never appreciates those wives who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualification," the Court held.
Advocate A.C. Panda appeared for the Petitioner, and Advocate R.C. Ojha appeared for the Opposite Party.
Case Background
The case involved a husband challenging a Family Court order directing him to pay ₹8,000 per month as maintenance to his estranged wife. The court had noted his monthly in-hand salary of Rs. 32,541 and his responsibility to care for his dependent mother.
The wife, while claiming to be unemployed, was found to be highly educated, holding a science degree and a Post-Graduate Diploma in Journalism and Mass Communication. She had also worked with media houses in the past. Despite acknowledging her qualifications and employability, the Trial Court awarded her maintenance, prompting the husband to appeal before the High Court.
Court’s Observations
The Single Bench while partially allowing the husband's petition, held that Section 125 CrPC is designed to support wives who have no means of sustaining themselves, not those who voluntarily refrain from working despite having the capability to do so.
The Court stressed that the maintenance amount must consider not only the husband's income and liabilities but also the wife’s educational background and career prospects.
"The intention and objective of the legislature in enacting Section 125 of the CrPC is to provide succor to those wives who are unable to maintain themselves and have no sufficient income for their sustenance. The social objective behind the provision for grant of maintenance, if considered on the admitted facts as discussed in this case, it would go to disclose the wife’s need and requirement to be balanced not only with the income and liability of the husband but also has to be considered on the backdrop of the education and prospect of the wife to earn," the Court said.
Given the wife's qualifications and potential to earn, the Court reduced the maintenance amount from Rs. 8,000 to Rs. 5,000 per month, striking a balance between the husband’s obligations and the wife’s ability to sustain herself. "...taking into account the admitted income of the petitioner-husband and balancing it with the requirement of the petitioner-husband together with his dependent mother and taking into consideration the responsibility of the husband to maintain his wife, who in this case at the time of filing of application for grant of maintenance was jobless, but she having definite prospect to work and earn her livelihood, this Court considers that interest of justice would be best served, if the quantum of maintenance is reduced by Rs.3,000/- per month. Accordingly, the petitioner-husband is liable to pay the maintenance @ Rs. 5,000/- per month to the OP-wife w.e.f the date of application and the balance arrear amount be accordingly calculated and paid to the OPwife in cash in four bi-monthly installments with 1st installment commencing from 7th March, 2025," the Court ordered.
Cause Title: Madan Kumar Satpathy v. Priyadarshini Pati [RPFAM NO.417 of 2023]
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