“The wife is a well-educated lady, but also she was previously working in some media houses, however, she has definite prospects to work and earn for her sustenance.”
Orissa High Court: In a revision petition filed by the husband challenging the Family Court’s order directing him to pay Rs. 8,000 per month as maintenance to his wife under Section 125 of the Code of Criminal Procedure, 1973 (CrPC), the Bench of G. Satapathy allowed the revision. Taking into account the husband’s declared income, his financial obligations—including the responsibility of supporting his dependent mother—and the wife’s definite job prospects despite being unemployed at the time of filing, the Court reduced the maintenance amount by Rs. 3,000 per month.
The Court noted that the wife had sought maintenance due to marital discord. The Trial Court had determined the husband’s monthly income as Rs. 32,541 from his gross salary of Rs. 45,362 and acknowledged his responsibility toward his dependent mother.
Furthermore, the Court observed that the wife, previously employed at NDTV, holds a Science degree along with a Postgraduate Diploma in Journalism and Mass Communication. While the Trial Court recognized her as well-educated and capable of self-sufficiency, it also recorded that she was not currently employed or earning an income.
The Court stated that-
“Law never appreciates those wives, who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualifications.”
The Court further underscored that the primary objective of Section 125 of the CrPC is to ensure financial assistance for wives who are unable to support themselves and do not have adequate means for their livelihood. It emphasized that while determining maintenance, the wife’s financial needs should be weighed not only against the husband’s income and financial responsibilities but also considering her educational qualifications and earning potential.
Consequently, the Court directed the husband to provide Rs. 5,000 per month as maintenance to his wife.
