“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.”
CUTTACK: The Orissa High Court ruled that a wife who is well-educated and capable of earning for herself should not depend entirely on her husband for financial support. The court reduced the monthly maintenance that a Family Court had previously ordered the husband to pay.
Justice Gourishankar Satapathy, while delivering the judgment, 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 emphasized that Section 125 of the Code of Criminal Procedure (CrPC) is meant to help wives who genuinely cannot support themselves financially.
The judge further stated “The intention and objective of legislature in enacting Section 125 of CrPC is to provide succour to those wives, who are unable to maintain themselves and have no sufficient income for their sustenance.”
Background
In this case, a wife had approached the Family Court seeking maintenance from her husband. She is a science graduate with a post-graduate diploma in journalism and mass communication. The Family Court in Rourkela had earlier ordered the husband to pay Rs 8,000 per month as maintenance.
However, the husband challenged this decision in the Orissa High Court, arguing that his wife is well-educated and has the potential to work and earn for herself. The court took into account that the wife had previously worked in media houses and had definite prospects for employment.
Justice Satapathy noted “The facts go to show that the wife apart from being a well-educated lady was previously working in some media houses and also has definite prospects to work and earn for her sustenance.”
The High Court considered the husband’s income, his financial responsibilities, including his dependent mother, and the fact that his wife is presently unemployed but has good chances of securing a job. While recognizing that some maintenance should be provided, the court decided to reduce the amount from Rs 8,000 to Rs 5,000 per month.
Similarly, The Madhya Pradesh High Court noted that well-educated women should not be inactive or solely dependent on their husband’s maintenance.
Justice Prem Narayan Singh remarked that marriage does not prohibit a woman from seeking employment, and the maintenance she receives should not discourage her from earning a livelihood.
The court emphasized that “a well-qualified spouse should not remain idle or rely solely on maintenance from their husband.” It further stated that Section 125 of the Criminal Procedure Code (Cr.P.C.) was not intended to create a situation where individuals are passively awaiting maintenance from their spouse’s income.
In a hearing concerning criminal revision petitions filed by a husband and wife, the case started after from a family court’s decision that directed the husband to pay Rs 60,000 monthly to his wife. The wife had initially sought maintenance under Section 125 of the Code of Criminal Procedure (CrPC), alleging harassment by her husband, who was employed in a senior position at a bank in Dubai.
However, in this case,
Justice Satapathy stated “This court considers that interest of justice would be best served, if the quantum of maintenance is reduced by Rs 3,000 per month.”
Accordingly, the husband has now been directed to pay Rs 5,000 per month as maintenance to his wife.
Case Title: Madan Kumar Satpathy v. Priyadarshini Pati [RPFAM NO.417 of 2023]
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