In MAT. APP. (F.C.)68/2018 -DEL HC- Delhi High Court says wife cannot be forced to work just because she has a graduate degree
Justice Suresh Kumar Kait & Justice Neena Bansal Krishna [12-10-2023]

Read Order: Arvind Singh and Anr V. Rajni and Anr

Chahat Varma

New Delhi, October 31, 2023: In a significant ruling, the Delhi High Court has upheld interim maintenance for a wife despite her holding a B.Sc. degree. The Court rejected the husband's cross-appeal to reduce the maintenance, holding that the wife cannot be forced to work and having a degree does not automatically imply that she is intentionally avoiding employment.

In this case, the parties were married, but faced marital issues, leading the husband to file for a divorce. The wife, who held a B.Sc. degree, but was not employed, filed for pendente lite maintenance. She claimed that the husband had been neglecting her and their son, making it challenging for her to cover their living expenses, including medical and educational costs. She requested Rs. 1,25,000 per month as maintenance and an additional Rs. 55,000 for litigation expenses.

On the other hand, the husband, who was a practicing advocate, acknowledged his various daily expenses. He mentioned paying the home loan for a flat he owned, in which the wife resided. He also stated that he consistently paid their son's school fees and fulfilled his responsibilities towards the wife and son. He contended that the wife's repeated acts of cruelty had negatively impacted his psychological health, affecting his legal practice and professional reputation. He asserted that his monthly income was around Rs. 25,000 and claimed to be living hand to mouth, relying on loans from his mother, friends, and relatives to cover his expenses.

The Family Court granted interim maintenance to the wife and minor son, assuming a moderate monthly income of Rs. 1 lakh for the husband. The court ordered the husband to pay Rs. 25,000 per month as maintenance, with Rs. 15,000 going to the wife and Rs. 10,000 to the son.

Both parties appealed the decision. The wife sought an increase in interim maintenance to Rs.1,25,000 per month, while the husband filed a cross-appeal, aiming to reduce the maintenance to Rs. 15,000 per month.

The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that the wife failed to demonstrate that the estimation of the husband's income was incorrect or that his monthly income was significantly higher. As a result, there was no basis to challenge the assessment of the husband's monthly income as stated in the previous order. The Principal Judge had reasonably considered the wife and son's expenses and ordered interim maintenance at Rs.25,000 per month. Thus, the wife did not present sufficient grounds to warrant an increase in maintenance.

Further, the bench pointed out that the husband's main argument for reducing the maintenance was the fact that the wife possessed a B.Sc. degree. However, the bench emphasized that while the wife had a degree, she had never been employed gainfully.

“No inference can be drawn that merely because the wife is holding a degree of graduation, she must be compelled to work. It can also not be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband,” said the division bench.

As a result, the court held that the interim maintenance was reasonably granted, considering the circumstances of both parties, and no grounds existed to interfere with the lower court's findings or reduce the interim maintenance.