Maintenance doesn't depend on wife's earning: Delhi HC

New Delhi June 6 (IANS) The Delhi High Court has ruled that granting maintenance under the Domestic Violence Act was not dependent upon the expression "unable to maintain herself". Further, the expression "unable to maintain herself" does not mean capable of earning.

"In case there is a dispute as to whether the wife is gainfully employed, the court cannot assume, as has been done in this case by the appellate court, that because she is educated or was employed prior to her marriage, she would be gainfully employed," Justice Sanjeev Sachdeva said.

The court said that whether the wife was actually earning or was qualified and capable of earning were two different things.

The court was hearing a woman's plea challenging an appellate court order dated August 25, 2018 which denied maintenance to the wife on the ground that she was duly qualified, educated and gainfully employed.

The appellate court also set aside a trial court order dated June 26, 2018 allowing interim maintenance of Rs 16,500 per month to the wife under the provisions of the Protection of Women from Domestic Violence Act.

The couple got married on February 14, 2015. Later, the wife alleged that she was harassed and subjected to cruelty by her in-laws who were dissatisfied with the dowry offerings. 

The Delhi High Court directed the husband to pay a maintenance of Rs 16,500 per month to the wife from the date of filing the application seeking grant of maintenance on May 3, 2017. The court also granted four weeks' time to the husband to clear the entire arrears of maintenance. 

The court noted that under Section 20 of the Domestic Violence Act, the magistrate had the powers to direct the husband to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence.

It also observed that under Section 20(2) of the Act, monetary relief granted has to be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person was accustomed.