The Orissa High Court recently ruled that the law does not support a well-educated woman remaining unemployed solely to get maintenance from her ex-husband for sustenance..Justice G Satapathy observed,"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 qualification.".The Court was hearing a petition by the husband challenging a family court order that directed him to pay ₹8,000 per month in maintenance to his estranged wife under Section 125 of the Code of Criminal Procedure (CrPC)..During the proceedings, the Court examined the financial circumstances of both parties. The husband, who has a dependent mother, was found to have a net salary of ₹32,541 per month. On the other hand, the wife, a science graduate with a postgraduate diploma in journalism and mass communication, had previously worked with media organisations, including NDTV. Despite her qualifications and work experience, she claimed to be unemployed..The High Court emphasised that maintenance is intended to support those who genuinely cannot sustain themselves. “The social objective behind the provision for grant of maintenance, if considered on the admitted facts as discussed in this case, it would go to disclose the wife's need and requirement to be balanced not only with the income and liability of the husband, but also has to be considered on the backdrop of the education and prospect of the wife to earn,” the Court observed.Since the wife had the qualifications and the ability to work, the Court reduced the maintenance amount from ₹8,000 to ₹5,000 per month..Advocate AC Panda appeared for the petitioner husband.Advocate RC Ojha appeared for the respondent wife..[Read Order]
