In a significant observation, the Delhi High Court has remarked that merely because the wife is holding a graduation degree, it cannot be presumed that she is intentionally not working with an intent to claim maintenance from her estranged husband.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna was hearing a man’s petition challenging a family court order directing him to pay Rs 25,000 monthly pendente-lite maintenance to his wife.
The petitioner sought a reduction of this amount to Rs 15,000 per month on the ground that his wife is a BSc graduate.
“There is no denial that the wife is a graduate having a degree, but she has never been gainfully employed. No inference can be drawn that merely because the wife is holding a degree of graduation, she must be compelled to work. It can also not be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband,” the high court said.
The bench observed that the wife, despite having a degree of BSc has not been working, while the husband is a practicing Advocate, reported Live Law.
The court, however, set aside the penalty of Rs 1,000 per day on the delayed payment of interim maintenance by the husband and directed that an interest at the rate of 6 per cent per annum be paid to the wife for the delayed payment.
