HC on Forcing Graduate Wife to Work: Woman Cannot Be Forced to Work Merely Because She Holds Degree, Says Delhi High Court
The Delhi High Court has ruled that having a graduation degree, should not automatically lead to the presumption that an estranged wife, is purposefully unemployed with the sole purpose of seeking interim maintenance from their spouse, especially if she was never employed in the past.
New Delhi, October 25: During a case hearing in which a man urged a decrease in the interim alimony amount that he had to pay to his estranged wife citing her BSc degree, the Delhi High Court on Wednesday, October 25 observed that a woman can not be forced to work merely based on her educational qualification, nor it should be assumed that her decision not work is a tactic to seek maintenance from estranged spouse. The man had requested a reduction in the monthly maintenance payment to his wife, seeking to lower it from Rs 25,000 per month to Rs 15,000 per month.
The court, on the other hand, rejected the wife's plea to raise the alimony and found insufficient grounds for such a request. It also nullified the Rs 1,000 per day penalty imposed on the husband for the delayed payment of interim maintenance. However, the court ordered the husband to pay the interest rate of six percent per annum to his wife as compensation for delay in receiving interim maintenance. The court maintained that it had already considered the wife and son's expenses in a fair and equitable manner. Calcutta High Court Observation: 'If Step Father Fulfills His Duty, Son Can't Deny Obligation To Maintain Him'.
Revoking the penalty of Rs 550 per day imposed on the husband for the delayed payment of legal costs, the bench headed by Justice Suresh Kumar Kait, observed that even though the wife possessed a bachelor degree, she had never been employed in a manner that generated income, and as a result, there was no valid reason to alter the interim maintenance amount determined by the court. Delhi Court Grants Shikhar Dhawan Divorce on Grounds of Cruelty by Estranged Wife Aesha Mukerji.
The court was dealing with appeals from both the husband and the wife where the wife requested an increment in the maintenance amount, while the husband sought a decrease and the removal of penalties imposed on him for not disclosing his true income.
(The above story first appeared on LatestLY on Oct 25, 2023 06:21 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).