

NEW DELHI: Broadening the welfare scope of the Domestic Violence Act , the Delhi high court has said the mere fact that a woman is capable of earning cannot be used as grounds to deny her maintenance.

The HC held that in a case where a wife’s working status is disputed, the court cannot assume that because she is educated, or was employed prior to her marriage, she would again be gainfully employed.

Justice Sanjeev Sachdeva noted that granting maintenance under the protective umbrella of the DV Act is not dependent upon the expression “unable to maintain herself”, as is found in CrPC Section 125 which also deals with maintenance.

The HC specified that whether the wife was actually earning or was qualified and capable of earning were two different things, and set aside the order of a lower court withdrawing maintenance being paid to a woman by her estranged husband.

The woman had challenged the court order denying her maintenance of Rs 16,500 per month on the grounds that she was duly qualified, educated and gainfully employed.

According to the petition, 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.

The HC directed the husband to pay his wife Rs 16,500 per month as maintenance from the date of filing the maintenance application on May 3, 2017. The court also granted the husband four weeks to clear the entire maintenance arrears.

It noted that under Section 20 of the DV Act, the magistrate has the power 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.

