38.6c New Delhi, India, Thursday, October 30, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Well-Educated Wife Cannot Stay Unemployed Just to Claim Maintenance from Husband: Delhi High Court [Read Judgment]

By Jhanak Sharma      22 March, 2025 02:25 PM      0 Comments
Well Educated Wife Cannot Stay Unemployed Just to Claim Maintenance from Husband Delhi High Court

New Delhi: The Delhi High Court has ruled that a well-educated woman with prior work experience cannot remain unemployed solely to claim maintenance from her husband. The court emphasized the significance of financial independence for women, stating that individuals capable of earning should strive for self-sufficiency.

Justice Chandra Dhari Singh, while deciding a plea challenging a family court’s denial of interim maintenance under Section 125 of the Criminal Procedure Code, observed that a qualified and previously employed wife should not remain idle merely to seek financial support.

Delhi HC Rules: No Maintenance for Qualified Wives Who Choose Unemployment

The case involved a couple who married in December 2019 and later relocated to Singapore. The wife alleged that she suffered cruelty at the hands of her husband and his family, which led to her return to India in February 2021. She further claimed that her husband revoked her spousal visa, leaving her stranded in Singapore before she could make her way back.

In her submissions, she stated that she completed her master’s degree in 2006 and worked in Dubai between 2005 and 2007 but had not been employed since then. She argued that her prolonged unemployment demonstrated a lack of financial stability, which the family court had overlooked. Additionally, she claimed that her valuables remained with her husband, forcing her to sell jewelry to fund her return to India. Facing financial struggles, she sought shelter with her maternal uncle.

The husband countered her claims, asserting that she was highly educated and fully capable of supporting herself. He maintained that her unemployment was not a valid justification for seeking maintenance. He also contended that the ₹3,25,000 monthly maintenance she sought was excessive and misrepresented both his financial capacity and her potential earning ability.

Court Says Financially Capable Wives Cannot Remain Idle to Seek Alimony

The High Court, after reviewing the case, noted that despite having the qualifications and the physical capability to work, the petitioner chose to remain dependent on her family rather than seeking employment. The court also took into account WhatsApp messages between the petitioner and her mother, which suggested that she deliberately remained unemployed to strengthen her maintenance claim. The messages, exchanged before she filed for maintenance, indicated that her mother had advised against seeking employment as it could affect her alimony case.

The court held that Section 125 CrPC is meant to ensure financial support for those in genuine need, not to promote dependency. It emphasized that women with the capacity to earn should not misuse the provision to seek maintenance without making reasonable efforts to support themselves. The bench noted that although the woman claimed she was looking for a job, she failed to present any evidence supporting her efforts or resume any business activities. The court found her mere assertion of job-seeking insufficient to establish genuine attempts at financial independence.

Dismissing her plea, the court reaffirmed that an educated and capable wife should make efforts to sustain herself rather than rely on maintenance. It encouraged the petitioner to seek employment, highlighting that, unlike uneducated women who genuinely depend on their spouses for sustenance, she had the skills and exposure necessary to be self-sufficient.

[Read Judgment]

New Delhi: The Delhi High Court has ruled that a well-educated woman with prior work experience cannot remain unemployed solely to claim maintenance from her husband. The court emphasized the significance of financial independence for women, stating that individuals capable of earning should strive for self-sufficiency.

Justice Chandra Dhari Singh, while deciding a plea challenging a family court’s denial of interim maintenance under Section 125 of the Criminal Procedure Code, observed that a qualified and previously employed wife should not remain idle merely to seek financial support.

Delhi HC Rules: No Maintenance for Qualified Wives Who Choose Unemployment

The case involved a couple who married in December 2019 and later relocated to Singapore. The wife alleged that she suffered cruelty at the hands of her husband and his family, which led to her return to India in February 2021. She further claimed that her husband revoked her spousal visa, leaving her stranded in Singapore before she could make her way back.

In her submissions, she stated that she completed her master’s degree in 2006 and worked in Dubai between 2005 and 2007 but had not been employed since then. She argued that her prolonged unemployment demonstrated a lack of financial stability, which the family court had overlooked. Additionally, she claimed that her valuables remained with her husband, forcing her to sell jewelry to fund her return to India. Facing financial struggles, she sought shelter with her maternal uncle.

The husband countered her claims, asserting that she was highly educated and fully capable of supporting herself. He maintained that her unemployment was not a valid justification for seeking maintenance. He also contended that the ₹3,25,000 monthly maintenance she sought was excessive and misrepresented both his financial capacity and her potential earning ability.

Court Says Financially Capable Wives Cannot Remain Idle to Seek Alimony

The High Court, after reviewing the case, noted that despite having the qualifications and the physical capability to work, the petitioner chose to remain dependent on her family rather than seeking employment. The court also took into account WhatsApp messages between the petitioner and her mother, which suggested that she deliberately remained unemployed to strengthen her maintenance claim. The messages, exchanged before she filed for maintenance, indicated that her mother had advised against seeking employment as it could affect her alimony case.

The court held that Section 125 CrPC is meant to ensure financial support for those in genuine need, not to promote dependency. It emphasized that women with the capacity to earn should not misuse the provision to seek maintenance without making reasonable efforts to support themselves. The bench noted that although the woman claimed she was looking for a job, she failed to present any evidence supporting her efforts or resume any business activities. The court found her mere assertion of job-seeking insufficient to establish genuine attempts at financial independence.

Dismissing her plea, the court reaffirmed that an educated and capable wife should make efforts to sustain herself rather than rely on maintenance. It encouraged the petitioner to seek employment, highlighting that, unlike uneducated women who genuinely depend on their spouses for sustenance, she had the skills and exposure necessary to be self-sufficient.

[Read Judgment]

Unlimited access to all contents of Lawstreet

Most reliable, quick and growing only with subscriber support.

3 Months

₹799
₹599+GST(18%)


(₹200 per month)
Save 25%

Subscribe

6 Months

₹1499
₹999+GST(18%)


(₹167 per month)
Save 33%

Subscribe

12 Months

₹2999
₹1699+GST(18%)


(₹142 per month)
Save 43%

Subscribe

Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

'Without documentary proof, Waqf Board can't lay claim over any property' 'Without documentary proof, Waqf Board can't lay claim over any property'

In 2012, the Anjuman Committee addressed a letter to the Chairman of the Waqf Board stating there is a wall and Chabutrah (platform) on a 'Tiranga Ki Qalandari Masjid where in olden times laborers used to offer prayers.

Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment] Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment]

The Delhi High Court sets aside an Arbitral Tribunal's award favoring IRB Pathankot Amritsar Toll Road Ltd over a delay in a highway project. The court finds that the tribunal did not address the essential dispute of whether the National Highways Authority of India (NHAI) was in material default, rendering the award invalid.

Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order] Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

A Delhi court refuses to stay the defamation case filed by Union Cabinet minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot. The court declined to stay the summons and sets a hearing date for August 19.

Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case

Delhi High Court is set to begin day-to-day hearings from August 28 for appeals by CBI and ED against acquittals in the 2G spectrum allocation case, expressing displeasure over adjournment requests. The case involves former telecom minister A Raja and business entities. Learn about the proceedings and details of the case.

TRENDING NEWS

lawyers-to-stop-arguing-when-court-indicates-its-mind-sc
Trending Judiciary
Lawyers to stop arguing when court indicates its mind: SC [Read Judgment]

SC: Lawyers must stop arguing once court indicates its mind, stressing that harmony between Bench and Bar ensures dignified court functioning.

29 October, 2025 04:25 PM
wangchuks-detention-order-suffers-from-gross-illegality-and-arbitrariness-activists-wife-tells-sc
Trending Judiciary
Wangchuk's detention order suffers from gross illegality and arbitrariness, activist's wife tells SC

Wife of activist Sonam Wangchuk tells SC his detention under NSA suffers from illegality, citing stale FIRs, procedural lapses, and denial of fair representation.

29 October, 2025 04:35 PM

TOP STORIES

delhi-hc-grants-interim-protection-to-kumar-sanus-personality-rights-restrains-unauthorised-use-of-voice-and-image
Trending Judiciary
Delhi HC Grants Interim Protection To Kumar Sanu’s Personality Rights, Restrains Unauthorised Use of Voice and Image [Read Order]

Delhi HC grants interim protection to Kumar Sanu, restraining unauthorized AI use of his voice, image, and likeness to safeguard personality rights.

24 October, 2025 11:04 AM
orissa-hc-restores-fathers-visitation-rights-says-child-entitled-to-love-and-affection-of-both-parents
Trending Judiciary
Orissa HC Restores Father’s Visitation Rights, Says Child Entitled To Love And Affection Of Both Parents [Read Order]

Orissa High Court restores biological father’s visitation rights, holding that every child is entitled to love and affection of both parents.

24 October, 2025 11:50 AM
centre-writes-to-cji-to-nominate-justice-surya-kant-as-successor
Trending Legal Insiders
Centre writes to CJI to nominate Justice Surya Kant as successor

Centre writes to CJI B R Gavai recommending Justice Surya Kant as the next Chief Justice of India; he is set to assume office on November 24, 2025.

24 October, 2025 07:53 PM
sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email