“The wife is a well-educated lady, but also she was previously working in some media houses, however, she has definite prospects to work and earn for her sustenance.”
Orissa High Court: In a revision petition filed by the husband challenging the Family Court’s order directing him to pay Rs. 8,000 per month as maintenance to his wife under Section 125 of the Code of Criminal Procedure, 1973 (CrPC), the Bench of G. Satapathy allowed the revision. Considering the husband’s admitted income, his financial obligations, including the responsibility of supporting his dependent mother, and the fact that the wife, though unemployed at the time of filing, had definite job prospects, the Court reduces maintenance amount by Rs. 3,000 per month.
The Court observed that the wife had sought maintenance due to marital discord. The Trial Court had assessed the husband’s monthly income at Rs. 32,541 from his gross salary of Rs. 45,362 and acknowledged his responsibility towards his dependent mother.
Additionally, the Court noted that the wife, previously employed at NDTV, holds a Science degree along with a Postgraduate Diploma in Journalism and Mass Communication. While the Trial Court acknowledged that she is well-educated and capable of supporting herself, it also recorded that she was not currently working or earning an income.
The Court stated that-
“Law never appreciates those wives, who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualifications.”
The Court further emphasized that the primary intent of Section 125 of the CrPC is to provide financial support to wives who are unable to sustain themselves and lack sufficient income for their livelihood. It noted that while considering maintenance, the wife’s needs must be balanced not only against the husband’s income and financial obligations but also in light of her education and potential to earn.
Accordingly, the Court directed the husband to pay Rs. 5,000 per month as maintenance to his wife.