In the above case, the wife had filed an application in the Family Court for grant of maintenance to her by the husband.
CUTTACK: The Orissa High Court has lowered the maintenance amount set by a Family Court in a case where the capable women, despite being well-educated and capable of earning a living through suitable employment, is currently unemployed.
“Law does not favor wives who choose to remain idle solely to impose the burden of maintenance on their husbands, despite having adequate qualifications and the ability to work,” observed Justice Gourishankar Satapathy while delivering the judgment.
“The purpose of enacting Section 125 of the CrPC is to support wives who are unable to sustain themselves and lack sufficient income for their livelihood. The facts indicate that the wife, besides being well-educated, has previously worked in media houses and has clear prospects of securing employment and earning for her sustenance,” the judge ruled.
In this case, the wife had approached the Family Court seeking maintenance from her husband. She holds a science degree and a postgraduate diploma in journalism and mass communication.
The husband approached the High Court after the Family Court in Rourkela ordered him to pay ₹8,000 per month as maintenance to his wife. Considering the husband’s acknowledged income, his financial obligations, including supporting his dependent mother, and his responsibility to provide for his currently unemployed wife—who has clear prospects of securing employment—Justice Satapathy stated, “In the interest of justice, this court deems it appropriate to reduce the maintenance amount by ₹3,000 per month.”
Accordingly, the petitioner-husband was ordered to provide ₹5,000 per month as maintenance to his wife.