The court confirmed that compelling a woman to resign from her job and making her financially dependent amounts to economic abuse, which is a form of domestic violence under the law.
Kerala: The Kerala High Court has ruled that forcing a wife to leave her job and depriving her of income is a form of “economic abuse” under the Protection of Women from Domestic Violence Act, 2005 (DV Act).
Justice G. Girish, who delivered the verdict, upheld the decision of the Additional Sessions Court, Kottayam, which awarded maintenance of Rs.5,000 per month to the wife.
The court confirmed that compelling a woman to resign from her job and making her financially dependent amounts to economic abuse, which is a form of domestic violence under the law.
Background
The case was filed by K.M. Mathew’s divorced wife before the Judicial Magistrate of First Class, Vaikkom, under Section 12 of the DV Act. She sought relief for herself and her three children. She claimed that she had been working as a nurse in Bombay but was forced by her husband to leave her job. She further alleged that her husband, who worked as an accountant in the USA, did not provide financial support to her or their children after she became jobless.
During the case proceedings, the wife submitted evidence proving that she was financially dependent on her husband after quitting her job. The
found that the husband had committed economic abuse and ordered him to pay Rs.10,000 per month as maintenance.
However, the Additional Sessions Court, Kottayam, later reduced the maintenance to Rs.5,000 per month, stating that the original order also included maintenance for the couple’s children, who were now adults and not eligible for maintenance under the DV Act.
The husband challenged the order in the Kerala High Court, arguing that there was no proof of domestic violence and that he was financially incapable of paying maintenance.
However, the High Court rejected his claim, stating that:
“The failure on the part of the respondent to provide maintenance to the petitioner itself amounts to economic abuse coming under the purview of domestic violence.”
The court further noted:
“It could be seen from the evidence adduced by the petitioner that she was compelled to abandon her job as a Nurse at Bombay as insisted by the respondent, and that was the reason why she had to depend on the respondent for her daily needs. The above aspect would show that the act of the respondent had resulted in deprival of income for the petitioner, which would come under the purview of economic abuse amounting to domestic violence.”
The Kerala High Court emphasized that the husband’s actions fell under the definition of domestic violence, as his wife was left financially dependent due to his insistence on her quitting her job. The court dismissed the husband’s plea of financial incapacity, considering his long-term employment in the USA and ownership of valuable landed property.
However, the court upheld the Additional Sessions Court’s decision to reduce maintenance to Rs.5,000 per month, stating that the trial court had not clearly separated the amount intended for the wife from the amount meant for their children. Since the children were not eligible for maintenance under the DV Act, the reduction in maintenance was deemed appropriate.
The wife had also requested an increase in maintenance, citing rising living expenses. However, the High Court dismissed this plea, stating that she should have filed for an enhancement of maintenance through the appropriate legal channels in the lower courts.
Case Title: K.M. Mathew v Jiji Mathew [CRL.REV.PET NO. 1809 OF 2014]
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