In a landmark judgment, the Delhi High Court has revised the concept of spousal maintenance, emphasizing the importance of self-reliance. The court reduced the monthly maintenance amount from Rs 30,000 to Rs 21,000, which a man was directed to pay his estranged wife under the Hindu Marriage Act (HMA). This decision marks a significant shift in the court’s approach to maintenance cases, focusing on the earning potential and efforts of both spouses.
Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta, in their order, articulated a crucial point:
“The spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating sincere efforts to gain employment should not be permitted to saddle the other party with one-sided responsibility of meeting out the expenses.”
This statement underlines the court’s stance that a capable but idle spouse cannot burden their partner with maintenance expenses.
The bench pointed out that the woman in this case, despite being a graduate from Delhi University, claimed to have no independent source of income. However, she had voluntarily undertaken social work, despite there being no impediment to her seeking meaningful employment. The court stressed that maintenance is not about mathematical precision but about providing relief to a spouse who is unable to maintain themselves during the pendency of proceedings. It aims to ensure that neither party suffers due to a lack of income.
The case arose from an appeal by the husband against a trial court’s order that directed him to pay Rs 30,000 monthly maintenance to his estranged wife, in addition to litigation expenses of Rs 51,000. The husband, who earns a monthly in-hand salary of Rs 47,000, contended that it was not feasible for him to pay Rs 30,000 per month. He also brought to light that his wife was working in a hospital, earning Rs 25,000 monthly, but she claimed she was merely working as a social worker without drawing any salary.
This ruling by the Delhi High Court is a significant step in addressing the nuances of maintenance in matrimonial disputes. It highlights the court’s commitment to ensuring fairness and equity, taking into consideration the earning capacities and efforts of both parties involved. The judgment serves as a precedent, emphasizing the responsibility of both spouses in a marriage to be self-reliant and not unduly burden the other party.
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