Well-qualified wife should not remain idle just to live on maintenance from husband: Madhya Pradesh High Court

The Madhya Pradesh High Court on Tuesday observed that well-qualified women should not remain idle and be dependent on the maintenance amount from her husband..Justice Prem Narayan Singh said a married woman is not debarred from doing a job, and maintenance from her husband should not prevent her from earning some income for her livelihood.“This Court is of the considered opinion that a well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband. Nevertheless, Section 125 of Cr.P.C has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse,” the Court said..It was hearing the criminal revision petitions moved by a husband and wife against a family court’s order directing the husband to pay ₹60,000 to her per month.The wife had earlier moved the family court under Section 125 of Code of Criminal Procedure (CrPC) for maintenance from her husband whom she accused of harassment. She said he was working in Dubai at a senior position in a bank.However, the husband said she was living separately without any sufficient cause and used to pick fights with him. He also said she also had worked at a bank in Dubai and was now earning money by running a coaching centre and beauty parlour in Dubai.Both of them were aggrieved by the family court order on maintenance. While the woman said it was insufficient, he prayed for reducing the amount on the ground that he had no source of income since he had lost his job due to a false complaint filed by her..After considering the arguments, the Court at the outset observed that the husband's statement that he was living in Dubai without any job did not inspire any confidence.However, the Court also observed that the wife was well qualified with a Masters degree in commerce and a diploma certificate in shipping and trading, and with an earning capacity.Therefore, exorbitant maintenance should not be awarded to her, the Court made it clear.“It can be assumed that she can easily earn a good income by indulging herself in any work or business,” the Court said.In this backdrop, the Court reduced the maintenance amount from ₹60,000 to ₹40,000. .Advocate Rajat Raghuwanshi represented the husband.Advocate Syed Asif Ali Warsi represented the wife.[Read Judgment]