High Court Rejects Maintenance Plea: Law Doesn't Encourage Shirking Responsibility

Maintenance under 125: Delhi High Court rejects woman’s plea for maintenance.

Maintenance Act 125: The Delhi High Court ruled in a case that the law does not promote idleness. Eligible and employable women should not seek maintenance from their husbands. The High Court upheld the Family Court’s decision to deny interim maintenance to a woman deemed eligible and capable of earning. The woman’s petition was dismissed.

Maintenance Provides Security, Not Idleness: High Court

Maintenance under Section 125 CRPC: Justice Chandra Dhari Singh stated that Section 125 of the CRPC (order for maintenance to wife, children and parents) aims to maintain equality between husband and wife and provide security to the wife, children, and parents. It does not promote ‘idleness’. He said that an educated wife with experience in suitable gainful employment should not become inactive by receiving maintenance from her husband. Educated and capable

Why Did the Court Dismiss the Woman’s Petition?

The court stated that uneducated women are entirely dependent on their husbands for basic livelihood, but the petitioner is educated. She can seek suitable employment to become self-reliant. The court believes she is capable of earning.

The Case

The petitioner moved to Singapore with her husband in 2019 after their marriage. She returned to India in 2021. She accused her husband and his family of cruelty. She filed a petition for maintenance from her husband. After her petition was dismissed by the Family Court, she approached the High Court.