Wednesday, January 19, 2022

Wife entitled to maintenance from husband even if she lives in matrimonial home: Delhi Court

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The Court further underscored that in Indian society, an educated woman may not be allowed to have a regular job as she has to attend to the needs of her matrimonial home.

It is unbelievable that her husband is not paying her any maintenance or not taking care of her necessities," Additional Sessions Judge Monika Saroha noted.

The Court was acting on an appeal against an order of the trial court that had dismissed the plea of a woman seeking interim maintenance from her estranged husband.

The woman had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act (DV Act), alleging torture by her husband. After the husband denied the allegations, the trial court had found no ground for granting interim maintenance, noting that the woman had Master’s and Bachelor’s degrees, and was capable of maintaining herself.

On this point, the Court in the instant appeal observed:

A middle-aged woman, a mother of three, who has accused her husband and in-law of threatening her with domestic violence, can not be denied maintenance on the ground that many years ago she had procured a BA and B.Ed degree.

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