Husband must not dodge liability to maintain Wife, rules Delhi Court

Judicial Seperation and Divorce

A husband cannot shrug off the responsibility to maintain his wife on the ground that she is qualified and competent enough to secure herself a suitable job, ruled a Delhi court while directing a man to pay monthly interim maintenance to his now estranged wife.

The court was hearing a case of domestic violence between the man and his wife. Mon Tardi Kerketta, the metropolitan magistrate hearing the case ordered the man to pay INR 6,000 a month as monthly maintenance to his wife who is currently unemployed.

“The husband cannot shirk his liability to maintain the complainant on the pretext that she is qualified and competent enough to take a suitable job. Though in today’s scenario,even women are expected to shoulder the responsibility to run a household and earn for maintenance but the fact remains that the complainant is unemployed and without any income source,” said the court ruling.


The court, however, turned down the woman’s plea for police protection on the ground that both the man and the woman were living separately and there was no convincing evidence that he was trying to contact her in any way. In her plea, the woman claimed that her husband was trying to tarnish her reputation in the society.

Also See:

The Protection of Women From Domestic Violence Act, 2005

“The complainant has failed to establish that the man is still attempting to establish contacts with her. No recent incident has been narrated, no recent complaint before any authority has been made. No other proof of communication has been placed on record. In the given circumstances, interim protection order is hereby declined,” it said.

The woman also complained that her husband was torturing her physically and mentally, forcing her to reside with her aged parents. She stated that she was unemployed while her husband, as a government employee, was getting a monthly salary of INR 30,000 and an additional INR 50,000 per year.

The man denied the allegations saying that his wife misquoted on his salary which is only INR 20,000 per month. He also argued that she was trained as a professional nurse and hence could easily fend for herself without requiring any maintenance.


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