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The Delhi High Court has ruled against granting interim maintenance to an educated woman with a potential to earn, emphasizing that the law does not support idleness.
Also Read: ‘Maintenance not charity, but married women’s right’: SC on divorced Muslim alimony
Justice Chandra Dhari Singh, on March 19, dismissed a woman’s plea for maintenance from her estranged husband, stating that well-educated women with suitable job experience should not rely solely on their husbands for financial support.
The court highlighted that Section 125 of the CrPC, which aims to ensure equality and provide protection for wives, children, and parents, does not promote "idleness." Justice Singh noted that the petitioner, who held a master’s degree and had previously worked in Dubai, had the capability to become financially independent. The judge also encouraged the woman to actively seek employment, as she had both exposure and knowledge of worldly affairs, unlike uneducated women who may be more reliant on their spouses.
The woman, who returned to India in 2021 after alleging cruelty by her husband, claimed financial hardship and asked for maintenance.
However, the court found her assertions unconvincing, as she had not provided any proof of efforts to find a job. The court observed that her claim lacked corroborative evidence, and her conversations with her mother suggested malafide intentions to seek maintenance. Thus, the plea for interim maintenance was rejected, reinforcing the importance of self-sufficiency.
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