Wives sacrifice career for family, earning capacity not grounds for denial of maintenance: Delhi HC

The Delhi High Court has held that there is no ground for refusing to take care of a woman even if she is able to earn, as many a times wives give up their careers only for the sake of the family.

Justice Subramaniam Prasad was recently hearing a petition filed by a man under Section 125 of the Code of Criminal Procedure against payment of Rs 33,000 as maintenance to his wife. The judge highlighted that the purpose behind the provision of CrPC was to ease the financial suffering of a wife. The High Court rejected the contention of the petitioner that his wife was able to earn a living as she was earlier working as a teacher. On the petition, the court said, “The defendant is capable of earning, there is no ground to deny interim maintenance to the respondent. Sometimes wives sacrifice their careers just for the sake of the family.” It also rejected that being an Army officer, the claim for maintenance would have to be decided by the Armed Forces Tribunal as ordered by the Army. The Court said, “It cannot be said that the order of the Army will override the provisions of Section 125 CrPC. It cannot be said that Army personnel are covered only under the orders of the Army and Section 125 CrPC for Army personnel.” shall not apply.” The High Court upheld the trial court’s decision. However, the High Court reduced the amount given to the woman to Rs 14,615 per month as the children are no longer living with her. In his petition, the husband opposed the grant of interim maintenance on the ground that the wife was in a relationship and was living with an army senior. However, the wife argued that there was nothing wrong with the trial court’s order of maintenance of Rs 35,300 and claimed that the petitioner could not escape from his responsibility even though their marriage was broken. She alleged that the petitioner was a careless spouse and when she decided to live separately, he wrongly accused her to avoid paying maintenance.