Wife entitled to maintenance from husband even if she lives in matrimonial home: Delhi Court

A wife is entitled to maintenance from her estranged husband even if she lives in the same household, a Delhi Court recently held while allowing a woman's plea for interim maintenance.

. The Court further underscored that in Indian society, an educated woman may not be allowed to have a regular job as she has to attend to the needs of her matrimonial home.

“ Needles to say, the wife is entitled to a maintenance amount in consonance with the earnings of her husband, other necessary expenses of husband and other dependents on the husband," Additional Sessions Judge Monika Saroha noted.

. The Court was acting on an appeal against an order of the trial court that had dismissed the plea of a woman seeking interim maintenance from her estranged husband.

. The woman had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act (DV Act), alleging torture by her husband. After the husband denied the allegations, the trial court had found no ground for granting interim maintenance, noting that the woman had Master’s and Bachelor’s degrees, and was capable of maintaining herself.

On this point, the Court in the instant appeal observed:

“ A middle aged woman, a mother of three, who has accused her husband and in-law of threatening her with domestic violence, can not be denied maintenance on the ground that many years ago she had procured a BA and B.Ed degree. ”

. The Court said that the trial court erred in assuming that the man was bearing the expenses as she lived in the matrimonial home.

" It is a common scenario in several households in our society where a victim of domestic violence is deprived of basic necessities and not a rupee is given to her to meet her daily needs, even though she resides in the same house ,” the judge highlighted.

. It came on record that the trial court’s order had come at a time when the woman lived in the matrimonial home, as opposed to now, when she was living with her parents, with no obligation towards paying rent or electricity and water bills.

Judge Saroha, however, emphasised that a wife was still entitled to at least a minimum amount from her husband for her daily needs, such as food, toiletries, groceries and clothing.

. The woman had alleged that despite her qualification, she was not allowed to work by her husband and parents-in-law after marriage. The husband, on the other hand, was observed to have not brought anything before the trial court to show that his estranged wife had made a living ever since the marriage took place.

. “ He has not mentioned anywhere in his reply to the complainant under Section 12 of PWDV Act or in his income affidavit what amount was ever earned by the complainant after marriage, who her employer was and for how many days she had so worked? ” the Court pointed out.

If at all the wife would have earned a decent amount for herself, the husband was "silent" on those details, the judge noted.

" This only grants more credibility to the version of complainant that she has never worked after her marriage. Indeed the couple has three minor children…Thus, as (it) is usually a practice in many Indian households, an educated woman despite her qualification may not be allowed to join any regular employment to take care of her young children born in quick succession and to attend to the needs of her husband and family ," it added.

. The Court noted that only because the husband was taking care of the children’s education, food, etc, no presumption could be made that he must be maintaining his wife.

“ The trial Court was wrong in coming to the conclusion that merely because the aggrieved person before it was residing in her matrimonial house, she is not entitled to any maintenance ,” it held.

. The Court allowed the woman’s appeal and directed that the arrears be cleared within 12 months.

“ A long time is given for clearing the arrears considering the salary of the respondent and his legal obligation towards maintaining his three children ,” it noted.

. [ Read Order ]

Wife entitled to maintenance from husband even if she lives in matrimonial home: Delhi Court

Aamir Khan

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