Summary of this article
The Gujarat High Court has ruled that a woman’s educational qualifications or professional status cannot be used to deny her maintenance from her former husband.
The bench clarified that a divorced wife remains entitled to maintenance.
The court emphasised that it is a husband’s legal and ethical duty to maintain her former wife.
Maintenance is usually a point of contention in divorce cases. In a recent judgment, the Gujarat High Court addressed the issue pertaining to a spouse’s professional qualification and statutory right to maintenance. The court reaffirmed that a husband cannot shirk his legal and ethical duty to support his former spouse. A mere holding of an educational degree cannot be the ground to disentitle the spouse from getting maintenance.
The case involved the divorced woman, an advocate by profession, who sought to increase her monthly maintenance from Rs 10,000 to Rs 25,000.
The couple got married in 2008. However, the cordial relationship was short-lived. After only six months of marriage, the wife (petitioner) allegedly faced physical and mental harassment from her husband and his family over dowry demands. Subsequently, they started living separately in December 2013. However, the wife continued to face physical and mental cruelty and shifted to her parental home. Eventually, they divorced in May 2016.
The petitioner filed for maintenance from her husband, saying that her husband, a singer and also engaged in organising events in the UK, Africa, and Kenya, earned a substantial income. The Family Court in Ahmedabad awarded Rs 2000 as monthly maintenance. However, the husband failed to comply with it. Later, in the cross-examination, he also admitted that he is engaged in singing and organising events abroad. In 2022, the Family Court increased the monthly pension to Rs 10,000.
Petitioner found it insufficient, citing her medical condition, needs, and her husband’s income, and filed this petition to enhance the amount to Rs 25,000 per month.
Arguments
The petitioner argued that her husband earns a significant amount of income and that the family court has failed to properly assess his income from music shows despite the evidence on record.
On the other hand, the counsel of the respondent (former husband) argued that the husband earns only Rs 200 to Rs 250 per day. The counsel further argued that the husband had entered a second marriage and had a son. As his financial responsibilities had increased, he could not pay higher maintenance. Another argument presented by the husband was that the petitioner holds an LL.B degree and is a practising advocate.
Court Observation
Justice Hasmukh D. Suthar observed that it is the husband’s social and lawful duty to provide his wife a similar standard of living as she lived when they were together. The bench noted that the divorce decree was issued in 2016, and the applicant has been living as a divorcee. It stated, “It is a settled principle of law that a divorced wife is also entitled to maintenance and, as per social welfare legislation, it is the duty of the husband to maintain his wife. Merely because the applicant possesses an LL.B. degree cannot be a ground to refuse maintenance.”
While evaluating the maintenance amount, the court noted this aspect had been considered by the Family Court, which had applied the "able-bodied principle" to estimate the husband’s income. Based on the estimated income, which came out to be Rs 33,000 per month. The family court acknowledged the husband’s responsibility towards his second wife and his son, but also towards the former wife, and that he cannot escape it.
Court Judgment
The High Court found no patent error in the Family Court’s judgment. It upheld the award of Rs 10,000 monthly maintenance, which is roughly two-thirds of the husband’s estimated income, as just and proper. It rejected the revision petition, however, clarified that if circumstances change in the future, the applicant (former wife) is free to file for a modification on the amount under Section 127 of the Code of Criminal Procedure (Cr.P.C.).
