Wife making false post on social media that she secured job is no ground to deny her interim maintenance: Bombay High Court

The Aurangabad bench of the Bombay High Court recently held that even if a wife makes false social media posts regarding her employment, she cannot be denied interim maintenance [Aboli Patil vs Tejpal Patil]..Single-Judge Justice Sandeep Marne while ordering the husband to pay interim maintenance of ₹ 7,500, noted that the wife had made certain posts on Facebook, stating to have received a job in London, however, she later on claimed it to be a fake offer."No doubt, the act of the wife in posting the letter of appointment, which she later claims to be fake, on social media is not commendable and she should have restrained herself from doing so without first verifying the genuineness of the offer," the judge observed.The bench further said that at this stage it would be difficult to ascertain if she was actually deceived or was merely attempting to garner praise and popularity on social media platforms by posting factually incorrect information. "In absence of any concrete proof of actual employment, an inference cannot be drawn that the offer actually fructified in a job for her. Having arrived at a conclusion the wife is actually not employed, in my view, the doors of the Courts cannot be shut on her, even if her conduct may not be completely free from blemish," the judge said in the order pronounced on November 23..The bench was hearing the wife's plea challenging an order passed by a Family Court in Jalna on December 4, 2019, by which her plea for interim maintenance was rejected on two counts: that she possesses higher qualifications and that on her social media status, she had declared that she had secured a job in a company at London.The husband highlighted the fact that his wife possesses a Master's degree in Engineering, thus, having the ability and capability to earn and yet if she sits idle, she cannot be awarded maintenance. He even pointed out that the wife's mother was politically connected and that the wife herself had accepted some political position.The bench, however, held that the political connection of the mother is irrelevant in the matter. It also noted that the husband failed to place any material to show that the wife has accepted some position in politics..Further, the bench noted that the Family Court while denying interim maintenance to the wife, presumed that given her qualification, she could secure a job. "This finding in my opinion appears to be totally erroneous. The Family Court itself has recorded a finding that mere publication of a post on social media platform is not sufficient to make out a case with regard to the employment of the wife. Having held so, the Family Court ought not to have raised a presumption she secured an employment, just because she possesses higher qualifications," the judge opined.Referring to various judgments of the Supreme Court on this very issue, the bench reiterated that mere possession of qualifications by wife who is admittedly not employed, cannot ipso facto be a reason to deny interim maintenance altogether..The judge, further, noted that the husband earned around ₹66,000 per month and also has a loan to be repaid.Therefore, the Court ordered him to pay ₹7,500 as interim maintenance to the wife given the fact that she is presently unemployed but possesses higher qualifications, on which basis she can secure a decent job..Advocate SV Deshmukh appeared for the Wife.Advocate AA Nimbalkar represented the Husband..[Read Judgment]