A Husband Is Apt To Pay Alimony To His Divorced Wife Even If She Is Earning: Delhi Court

In the outset, The District Court of Delhi in yet another path-breaking judgement held that a husband is duty bound to maintain his wife after divorce even if the wife is earning, as she is entitled to the status and standards of living which she used to enjoy during her married life.

The Additional Session Judge, Suresh Kumar Gupta, while dismissing the petition of the husband against the order of paying maintenance of Rs. 1.40 lakh to his estranged wife, held that the wife is deprived of many comforts after she leaves her matrimonial home and hence she is liable to be paid maintenance irrespective of the fact that she is earning and can support her livelihood.

The couple got married in India and subsequently moved to Singapore. However, a few years after their marriage, the woman made a complaint of domestic violence against her husband and came back to India in June, 2011. The couple later got divorced in September 2014, but the man was not willing to ante up a maintenance allowance to the wife after their divorce. He argued that his wife has a postgraduate degree in business administration and hence she was capable enough of earning more than him.

A trial court had in June 2015, directed the husband to pay an amount of Rs. 1 lakh to his wife as maintenance allowance and a further sum of Rs. 40,000 for the maintenance of their child, who has been staying with the mother since the couple got separated. Aggrieved by the order of the trial court, the man filed the present petition in the court of additional session judge.

The man contended that the Singapore court has likewise denied the wife to receive any maintenance allowance. He further said that the cost of living in Singapore is double than that of Delhi and therefore a major portion of his salary is spent in taking care of his daily needs and as the wife is capable enough to earn, hence he should not be ordered to pay maintenance.

Advocate PrashantMendiratta appearing on behalf of the wife argued that even if the wife is earning it does not deprive her of claiming maintenance, he also cited various Supreme Court judgments to support his arguments.

The court, while setting aside the husband’s contentions, held that the husband’s income is much more than the wife’s and the wife has also been looking after the child since their separation. As her salary is not enough to maintain herself and the child, hence, the husband must pay alimony to his divorced wife as directed to him.

Report By: Tushar Solanki, Co-Convener, Reporters Committee, INBA