Capable Women Should Not Seek Interim Alimony Says Delhi HC
Delhi High Court orders women who are capable of earning should not seek alimony. The decision comes after a case of marital dispute where a woman deliberately remains unemployed to seek higher alimony.
In a recent statement released by the Delhi High Court, the court stated that women with work experience and the capability to earn their own money should not seek interim alimony from their husbands. The court uplifted women's empowerment and education and asked women to be self-sufficient.
Justice Chandra Dhari claimed that educated women should work rather than sit idle at home and seek maintenance. Women with qualifications should try to find alternative ways to have a financial backup rather than relying on their husbands. The rule came after a plea was dismissed relating to a matrimonial case under section 125.
The case read, that a couple married and moved to Singapore in the year 2019, and soon after she was abused by her husband and family. She faced cruelty and was forced to leave Singapore and move to India in the year 2021. Moreover, in her petition, she also claimed that her spouse had withdrawn her Visa, leaving her stranded in Singapore.
According to the submissions that she made, the woman completed her master's in 2006 and was employed in Dubai from 2006 to 2008 and since then she has not pursued a work and has been financially dependent. She also argued that the family court did not agree to the substantial employment gap and declined her petition.
She also claimed that her valuables remained at her inlaws and she was forced to sell her jewelry so that she could meet her financial needs. She also lived in her maternal uncle's place as she had limited money with her. Her husband counter-argued claiming that she was a highly educated person and is capable of earrings of her own. Moreover, the monthly maintenance amount which was 3,25,000 was quite high and was a misinterpreted amount.
The court took note of her education level and despite being physically capable of earning money, she was living with her parents and relatives, living a dependent life. The husband’s claim in the statement shows WhatsApp messages between the mother and petitioner where she remains unemployed to ensure a wealthy alimony claim.
The communication between the petitioner and her mother shows a strong determination to extort money from the husband and remain financially dependent to make the case even more strong. “In the chats, the mother asserted that seeking an employment can jeopardise the maintenance amount and she should not consider it. “Taking into account the observations made hereinabove, the Court is of the view that qualified wives, who can earn but choose to remain idle, should not be entitled to interim maintenance.” claimed the High court.