 "Delhi High Court")
The Delhi High Court said on Wednesday that simply because a wife is a graduate, she cannot be compelled to work, and it cannot be assumed that she would intentionally refrain from employment to claim maintenance from her estranged husband.
The court's remarks came in response to a plea filed by a man who was seeking a reduction in his wife's monthly interim maintenance, which was initially set at Rs 25,000, but he sought for it to be reduced to Rs 15,000, citing her possession of a BSc degree, news agency PTI reported.
A bench, led by Justice Suresh Kumar Kait, acknowledged that the wife's graduate status was undisputed. However, the court emphasised that she had never been gainfully employed.
The court found no grounds to intervene in the family court's determination of the interim maintenance.
"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 bench said.
The high court also declined the wife's appeal for an increase in the maintenance amount, claiming that the family court had reasonably assessed her and their son's expenses.
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However, the court put aside a Rs 1,000 penalty per day that would be imposed on the husband in the event of a delayed maintenance payment. It also directed the husband to pay the interest at 6 per cent per annum for any delayed payments.
The court also imposed a penalty of Rs 550 per day related to the delay in payment of litigation costs.
