Family Court, Mumbai: Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey J gave a landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.
In the instant case, petitioner-wife moved an application before this Court for grant of maintenance from the respondent-husband during the pendency of petition under Section 125 CrPC. The petitioner alleged that she was forced to live separately as the respondent and his family members ill-treated and harassed her for bringing less dowry. The petitioner contended that the respondent is a successful businessman and is doing business not only in India but also in Dubai and other countries, and that his total income per month is more than Rs. 15 lakhs, and therefore considering the status of her husband, she prayed for grant of maintenance @ Rs. 2 lakhs per month.
Firstly, the Court rejected the contention of the respondent that the petitioner is not entitled to get maintenance as she is not legally wedded wife and that marriage between them was dissolved by way of talaq, and held that Section 125 CrPC itself has given definition of ‘wife’ which includes divorcee wife and makes clear that a Muslim woman who is either divorcee or who obtained divorce is entitled to get maintenance till her remarriage, and therefore respondent’s contention does not affect the right of the petitioner to claim maintenance. Secondly, the Court observed that the petitioner is well qualified, has completed degree in Food and Science Nutrician, is Post Graduate in Dietician field, had worked as a dietician with an income of Rs. 50000 per month, and has experience of working with reputed companies like Larsen and Toubro etc but at present she is not working.
The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, where it was held that “well qualified wife is not entitled to remain as an idle and claim maintenance from her husband”. The Court noted that the facts of the present case clearly shows that the petitioner is having good capacity to earn and therefore held that “the wife who is well qualified and claiming maintenance by sitting idle is not entitled to get maintenance”. Accordingly, the Court rejected the application filed by the petitioner. Firdos Mohd. Shoeb Khan v. Mohd. Shoeb Mohd. Salim Khan, decided on 20.02.2015]
Wow, wife was earning prior to her 125 application but not earning at the time of filing if reasoned why such situations occurred like unhealthy or mental sickness either husband ill treated or not there after how can she earns? If supported by medical records her application of 125 Cr.P.C. deserve success.
She can file another application it is settled law maintaining wife applicable from date of application so her first application’s date not applicable but she can another in DC Act. too
Above is my opinion being non advocate.
Wow, wife was earning prior to her 125 application but not earning at the time of filing if reasoned why such situations occurred like unhealthy or mental sickness either husband ill treated or not there after how can she earns? If supported by medical records her application of 125 Cr.P.C. deserve success.
She can file another application it is settled law maintaining wife applicable from date of application so her first application’s date not applicable but she can another in DC Act. too
Above is my opinion being non advocate.
On the one side it will reduce the burden while on the other side it is a loop hole or escape from the duty to provide the maintanace to wife by husband. Highly educate is doesnot mean to seat ideal is very true, but to provide the maintance is also the duty which is not ignored by the husband.
Duty?? Really?? Mr mehta what are duties of wife? After cases also? No duties only rights.
Husband has to maintain no matter she files 498a, DV, 125 and many more..
Mental pressure who face who have cases upon. In india no punishment to wife for fake cases but husband have if not prove.
Hope you have a test of fake cases in family then say yes husband has duties.
Respected sirs,
pls share the safeguard husband should take while wife always giving the suicide threats to husband and his family to fulfill her illogical demands.
Does filling the NC in local police station is enough if in any case wife commits suicide and if we have filed NC.. How would it safeguard us? I mean police won’t arrest us immediately until investigation or they will never consider us as responsible for their death?
Please give me the judgement no with date above mentioned article
You can read the judgment by clicking on the link generated on the Party name.
Is there any similar kind of judgments of any high court /supreme court. If,yes please help me out with the citations on my above e mail I d.
Thanks
reply
Reducing stress to the husband, today’s most matrimonial dispute both are well and equally qualified. When the wife is qualified education, the wife May get job and earn at the level of domestic livelihood level
some how i do not agree to the view of the tribunal, when sec 125 of cr. p c has no such specific requirement. i think one cannot over read in between when courts have not read so deeply the constitutional fundamental rights articles.
i think any one could become incapacitated for any reason over which no one except God could help.