The Rohini Court in Delhi has dismissed a petition of a woman who approached court for monthly maintenance from her husband. While rejecting her plea, the court stated that a woman who is highly educated herself and earns a living independently should not be permitted to burden her husband without any reason, when he too is working hard to sustain a living for himself in the last two years.
Case:
According to the present petition, the woman is undergoing a marital dispute with her husband. For many years now, she has been living separately from her husband. The wife recently filed a petition in court seeking maintenance, on the pretext that she lived in her father’s house and it was her husband’s responsibility to maintain her. The woman approached court to direct husband to pay her Rs 15,000 per month as maintenance.
Rohini Court Order
Considering the affidavit of the woman, the court observed that the woman was filing her income tax returns since she was working as a school teacher for the last two years and drew a salary of more than Rs 20,000 per month.
Therefore, the court advised the woman to think at a macro level and said that this kind of thinking is like impeding the path of one’s own progress. The court asserted,
If you are capable, then you should make more efforts to increase your ability and not stop yourself by demanding maintenance.
Adding further, the court also remarked that it is a legal right for a woman to demand maintenance, however, this provision in the law has been made for those women who are completely dependent on their husband or family. The same specially includes home makers, who are not capable of earning for themselves or those who cannot sustain their own living.
The court reviewed that the salary drawn by the woman was enough for her to survive and thus her maintenance petition was dismissed.
ALSO READ –
http://voiceformenindia.com/in-the-law/interim-maintenance/
http://voiceformenindia.com/in-the-law/alimony-in-india-2/
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