Ambika bhardwaj
Published On: January 20, 2022 at 16:19 IST
A Delhi Court recently stated, while granting a woman’s Petition for Interim Maintenance, that a wife is entitled to Maintenance from her estranged husband even if she lives in the same residence.
The Court also stated that in Indian society, an educated woman may be denied a stable job because she would have to attend to the needs of her matrimonial home.
The Court was hearing an Appeal from a Trial Court Order that had rejected a woman’s request for Interim Maintenance from her estranged husband.
According to the Court, the Trial Court erred in presuming that the man was carrying out the expenses of his wife because she resided in the matrimonial home.
The Judge stated that it is a common story across several houses in our culture where a Victim of Domestic Abuse is denied basic necessities and not a rupee is provided to meet her everyday requirements, despite the fact that she resides in the very same house.
It was established that the Trial Court’s Order was issued when the woman was still living in the matrimonial home which is contrasting to now as she is residing with her parents with no obligation to pay rent, electricity or water bills.
Judge Saroha stated that the wife was still entitled to a minimum amount from her husband for her daily needs, such as food, toiletries, groceries, and clothing.
The woman claimed that despite her academic credentials, her husband and in-laws forbade her from working after their marriage. On the other hand, the husband failed in presenting an Evidence to the Trial Court that his estranged wife had earned a living since the marriage.
The Court granted the woman’s Appeal and Ordered that the arrears be should be paid within a year.
Also read: Landmark Judgements on Maintenance of Wife