The Hindu Bureau

New Delhi

The Delhi High Court has upheld the grant of maintenance to a woman holding B.Tech and MBA degrees, observing that the capability to earn and actual earnings are two separate things.

A Bench of Justice Navin Chawla and Justice Renu Bhatnagar noted that a woman’s educational qualifications alone cannot be a reason to deny her financial support, especially if she had to leave her job due to childcare responsibilities.

“A wife may leave her job due to family circumstances or to care for a child, and over time, may find it difficult to secure suitable employment due to a lack of experience or other factors,” the court said.

“In such circumstances, merely on the basis of her capability to earn, she cannot be denied maintenance for herself and the child,” it added in the judgment passed on July 1.

The case involved a couple residing in Dwarka, who have been living separately since March 2021. They have a minor daughter who is in the custody of the woman. The husband had filed for divorce, citing irreconcilable differences.

He had challenged a Family Court order from December last year directing him to pay ₹10,000 per month to the wife and ₹15,000 for the child as interim maintenance.

‘Apt amount’

He contended that his wife had worked as a Finance Executive and was a registered Insurance Planner, earning around ₹3 lakh per annum before marriage, and continued to earn even after filing the petition.

The High Court rejected this argument, noting that the amount awarded was not excessive considering the cost of living, inflation, the child’s growing needs, and the couple’s social status.

Given the man’s income of ₹1,74,354 per month, the court said the interim maintenance amount was “just, apt, appropriate and necessary for the wife to maintain a lifestyle commensurate with that of the husband”.