Highly Qualified Woman Can Not Put Burden On Husband For Alimony By sitting Idle : Court

01 June, Mumbai

A family court here held that a highly qualified woman cannot be permitted to sit idle and put her burden on the husband for demanding alimony during pendency of a matrimonial petition.

Refusing to grant maintenance, Dr Laxmi P Rao, Principal Judge of Family Court in a recent order said that section 24 of Hindu Marriage Act was not meant for creating an army of such persons who would be sitting idle, waiting for a ‘dole’ to be awarded by her husband.”

In view thereof, I hold that the wife is not entitled for interim maintenance.
At this stage she also cannot ask for permanent maintenance, which can be claimed only at the end of the trial,” the court said while dismissing the application.

The respondent-wife had filed an application claiming permanent alimony of Rs 25,000 per month from her husband and the same amount towards interim maintenance under section 24 of the said Act.

It was her case that her husband, a qualified engineer, has filed a divorce petition.

The applicant said she was forced to leave her job in August 2013 and since then she does not have any source of income.

She is totally dependent on the mercy of her parents and brother.Her husband is working in a reputed company drawing a monthly salary of Rs 45,000.

The husband, while opposing wife’s application for maintenance, pleaded that he had never objected to the wife being a working lady.

He further said she had left the matrimonial home on December eight, 2012, on her own accord.
Hence he is not responsible to maintain her.

Moreover, he claimed, she is employed and earns a salary which is sufficient for her maintenance.

She was earlier employed as a senior HR Executive with a reputed firm in Thane and later with another company in the same position in western suburb of Andheri