Well-educated wife should not remain idle solely to gain maintenance from her husband: Delhi High Court

Delhi High Court emphasizes equality among spouses, discourages idleness for maintenance claims, urges self-sufficiency for qualified individuals.

The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not “idleness”, the Delhi High Court has held.

The High Court said qualified wives, having an earning capacity but desirous of remaining idle, should not set up a claim for interim maintenance.

“Section 125 [order for maintenance of wives, children and parents] of the CrPC carries the legislative intent to maintain equality among the spouses, provide protection to the wives, children and parents, and not promote idleness” Justice Chandra Dhari Singh said in an order on Wednesday (March 19, 2025).

The Court passed the order while dismissing a woman’s plea challenging a trial court’s order denying her interim maintenance from her estranged husband.

The Court, however, encouraged the woman to actively look for a job to become self-sufficient as she already got wide exposure and is aware of the worldly affairs unlike other women who are not educated and completely dependent upon their spouses for basic sustenance.

The couple got married in December 2019 and left for Singapore. It was alleged by the woman that owing to the cruelties done to her by her husband and his family, she returned to India in February 2021.

The woman claimed she had to sell her jewellery to return to India and due to the financial hardships, she started residing with her maternal uncle. In June, 2021, she filed a petition seeking maintenance from her husband.