In the above case, the wife had filed an application in the Family Court for grant of maintenance to her by the husband.
CUTTACK: The Orissa High Court has reduced the maintenance amount previously set by a Family Court in a case where the wife, despite being well-educated and capable of earning through suitable employment, remains unemployed.
“Law does not support wives who deliberately choose to remain idle solely to place the burden of maintenance on their husbands, despite possessing adequate qualifications and the ability to work,” observed Justice Gourishankar Satapathy in his judgment.
“The objective of Section 125 of the CrPC is to provide support to wives who are unable to sustain themselves and lack sufficient income for their livelihood. In this case, the facts reveal that the wife, apart from being well-educated, has prior work experience in media houses and has clear opportunities to secure employment and earn for her sustenance,” the judge stated.
In this case, the wife approached the Family Court seeking maintenance from her husband. She holds a degree in science and a postgraduate diploma in journalism and mass communication.
The husband challenged the Family Court’s decision in the Orissa High Court after being directed to pay ₹8,000 per month as maintenance. Taking into account the husband’s acknowledged income, financial obligations—including the responsibility of supporting his dependent mother—and the fact that his wife, though currently unemployed, has clear prospects of securing a job, Justice Gourishankar Satapathy stated, “In the interest of justice, this court finds it appropriate to reduce the maintenance amount by ₹3,000 per month.”
Accordingly, the court revised the maintenance amount, ordering the husband to pay ₹5,000 per month to his wife.
