Lower courts cannot refuse to direct men to pay maintenance amount to their estranged wives just because the women were well educated and had the potential to secure employment, the Madras High Court Bench here has ruled.
Justice S. Vimala passed the order on a criminal revision case filed by a woman whose petition seeking a direction to her husband to pay a monthly maintenance amount of Rs.10,000 was dismissed by Nilakottai Judicial Magistrate in Dindigul district on April 30.
The judge disagreed with an observation made by the Magistrate that “the wife (petitioner), a postgraduate, can go to any employment and earn money to maintain herself and therefore, she is not eligible to claim any maintenance from her husband.” Ms. Justice Vimala pointed out that the law, as it stood at present, does not disentitle a woman from seeking maintenance from her husband just because she was educationally well qualified without there being any evidence to prove that she was employed gainfully.
“Women have to perform multiple roles such as taking care of the spouse, children, business, health, education and so on. A woman is always a foundation on which a home is built upon. She should ensure safe and secured environment for the children to grow and flourish. At least until the growth of the child to a certain age, the preferred option for a woman is to parent the child than get employed. In other words, women prefer growth of the family than individual growth. Therefore, her ability to maintain herself could not be equated to her capability to earn,” the judge said.
“If there is appreciable improvement in the financial status of women in the future and they are provided with equality of opportunity and responsibility (including domestic work), then it is for the legislature to consider changes in the legal provisions. “Till such time, the law as it stands today does not permit this court to hold that a wife can be deprived of maintenance just because she is educated.”
