Delhi HC - Men cannot compel wife to work to get out of paying maintenance

In a recent ruling, the Delhi High Court has discussed the matter of a wife's employment status in relation to maintenance claims in a more nuanced manner. The court has made it clear that simply possessing a graduate degree does not automatically imply that the wife should be employed. The court stressed that it would be unfair to assume such intentions. The plea was made by a man who was seeking a reduction in his wife's monthly interim maintenance from Rs 25,000 to Rs 15,000, based on her educational qualifications.

The bench, presided over by Justice Suresh Kumar Kait, acknowledged the wife's graduate status and took into consideration that she had not been employed in a gainful capacity. The court respectfully upheld the family court's decision regarding the interim maintenance, as no valid reasons for intervention were found.

delhi high court

The court also declined the wife's request for an elevated maintenance amount, stating that the family court's evaluation of expenses for her and their son was deemed reasonable. Although the court waived the Rs 1,000 daily penalty for late maintenance payments, it instructed the husband to pay 6 per cent per annum interest for any delays.

Furthermore, a penalty of Rs 550 per day was imposed due to the delay in payment of litigation costs. This decision offers valuable perspectives on the factors involved in maintenance claims, highlighting the importance of fairness and individual circumstances rather than solely focusing on educational qualifications. It serves as a gentle reminder that every case should be assessed based on its distinctive merits.

In conclusion: The court emphasized the importance of considering individual circumstances and intent rather than making assumptions based solely on educational qualifications. This ruling provides valuable guidance for future cases, highlighting the need for a nuanced approach to maintenance claims.

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