Even those with higher degrees unable to get jobs: Bombay HC says PG-holding wife can get maintenance

The Nagpur Bench of the Bombay High Court has held that a woman’s higher educational qualification cannot, by itself, be used to deny her maintenance when she has no job in an era of high unemployment.

Justice Urmila Joshi Phalke was hearing a criminal revision petition filed by a Central Railways loco pilot challenging a family court’s order granting maintenance to his estranged wife, who is a postgraduate, and their minor daughter. 

The husband argued that since the wife had completed her MA and BA, she was an able-bodied person capable of earning and, therefore, not entitled to maintenance.

The Court rejected this contention, observing that higher degree holders are also unemployed these days.

“The judicial note can be taken that in the present era, there is unemployment. Even the person who obtained the higher decree, specialization, they are also unable to get the jobs. Therefore, merely because she is educated lady is not sufficient to held that she is able-bodied person and able to maintain herself as she has competed her post-graduation."

Justice Joshi found that the husband’s income had risen to about ₹85,000 per month while the wife had no employment. The Court thus directed the husband to pay maintenance of ₹10,000 per month to the wife and ₹5,000 per month to the daughter from October 2017 to December 2020, and ₹12,000 and ₹7,000 respectively from January 2021 onwards, in addition to ₹15,000 awarded in an earlier case. 

The Court stressed that Section 125 of the Code of Criminal Procedure has a social justice character and is meant to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves. 

“The phrase ‘unable to maintain herself’ would mean that means available to the deserted wife while she was living with her and would not take within itself the efforts made by the wife after desertion to survive somehow."

It underlined that maintenance is meant to ensure food, clothing and shelter to the deserted wife and gives effect to the natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves.

It also emphasised that the wife’s independent income, if any, and the husband’s earning capacity and liabilities have to be assessed together.

Advocates Vishwadeep Mate appeared for the husband. 

Advocate Jyoti Dharmadhikari appeared for wife.