Qualified wife cannot sit idle and demand maintenance from husband says Court

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A well qualified wife who is capable of earning must not remain idle and harass her husband by claiming maintenance, said a family court while rejecting a woman’s plea for maintenance from her estranged husband. The court further added that a qualified and capable wife cannot take advantage of the laws even when she is wrong.

After examining the evidence presented to it by both parties, the court said: “It is clear that the wife has a good capacity to earn, thus she is not liable to get maintenance from her husband.”

Apparently, the woman had approached the court seeking its intervention in her domestic dispute. She claimed that she was being tortured by her in-laws on a regular basis, compelling her to live separately in her maternal house since 2011. Because her parents had to bear her additional expenses, she demanded maintenance from her husband.

The woman also claimed that the family of her husband had an affluent business background and were making a monthly profit of INR 15 lakh and more. In addition, she also said that her husband and his family owned several properties in India and abroad.

“The husband has six companies, and 20 bank accounts in Mumbai, Bangalore and Dubai. His younger brother is working in London, his two siblings are into family business. He frequently travels abroad for his garment business. Considering the husband’s status, the woman has demanded a monthly maintenance of Rs 2 lakh,” reads the copy of the complaint.

However, the husband countered her plea saying that the woman wasn’t his lawfully wedded wife as the marriage had already been dissolved by way of talaq last year in September. He also said that as a professional dietician herself, the woman earns nothing less than INR 50,000 per month in addition to having INR 1 crore worth gold and diamond hidden in a separate bank locker.

However, the court rejected the plea by saying: “In this case, the woman is capable enough to earn and take care of herself. Thus, as per a judgment Courtadhya Pradesh high court, the woman, who is well qualified, cannot seek maintenance and cannot harass her husband.”

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