Domestic work is often not considered ‘work’, but the Delhi High Court has clearly stated that managing a household and raising children is an equally important and valuable job. If the wife is educated or capable of working, then she cannot be refused maintenance on this basis alone. Unless it is proven that she is actually earning enough, it would be wrong to deny her maintenance.
The case was related to a couple where the husband has been working in Kuwait since 2015, while the wife is living in India with her minor child. The wife had demanded maintenance under Section 125 CrPC and PWDV Act. The lower court fixed the amount for the child, but refused to give maintenance to the wife.
Wife cannot be ignored
Now the matter went to Delhi High Court. This case was heard in the High Court by the bench of Justice Dr. Swarna Kanta Sharma. The court said that the ability to earn and actual earning are two different things. In our country, women often leave their jobs after marriage, sometimes due to shifting to another city, and sometimes due to responsibilities of children and family. In such a situation, it is not easy to get a job immediately after a long gap.
Excuse of loan and EMI will not suffice
The High Court found that the husband’s monthly income was between 5,000 to 6,400 US dollars i.e. about Rs 4 to 5.3 lakh. He also has an FD worth more than Rs 1 crore. The court clearly said that the responsibility of maintenance cannot be avoided by citing the loan or EMI taken voluntarily.
The court ordered that interim maintenance of Rs 50 thousand per month should be given to the wife and Rs 40 thousand per month to the child. It was also said that adjustments should be made in the amount given under both the different laws, so that there is no double payment.
Advice for finding a solution through mutual consent
The court also advised both the parties to try to resolve the matter amicably, especially when it concerns the future of the child. This decision is being considered an important step towards the respect and economic security of domestic women.