CUTTACK: The Orissa High Court has reduced the quantum of maintenance ordered by a Family Court in the case of a wife who is well-educated and can support herself financially by doing a suitable job but at present is not working anywhere to earn her livelihood.
“Law never appreciates those wives, who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualification,” Justice Gourishankar Satapathy observed while delivering the judgment in the case.
“The intention and objective of legislature in enacting Section 125 of CrPC is to provide succour to those wives, who are unable to maintain themselves and have no sufficient income for their sustenance. The facts go to show that the wife apart from being a well-educated lady was previously working in some media houses and also has definite prospects to work and earn for her sustenance,” he ruled.
In the above case, the wife had filed an application in the Family Court for grant of maintenance to her by the husband. She is a science graduate having a post-graduation diploma in journalism and mass communication.
The husband moved the high court after the Family Court, Rourkeka, directed him to pay Rs 8,000 per month to his wife in lieu of maintenance. Taking into consideration the admitted income of the husband, balancing it with his requirement together with his dependent mother, his responsibility to maintain his wife who is presently jobless and also her having definite prospect to work and earn her livelihood, Justice Satapathy said, “This court considers that interest of justice would be best served, if the quantum of maintenance is reduced by Rs 3,000 per month.”
Accordingly, the petitioner-husband was directed to pay the maintenance of Rs 5,000 per month to her.