“Highly Qualified Spouse Not Entitled to Maintenance”: Delhi High Court Upholds Family Court’s Decision

07 May 2024 8:19 AM

By: Admin

New Delhi, September 12, 2023 – In a landmark decision, the Delhi High Court on Wednesday upheld a Family Court’s ruling that denied maintenance to a highly qualified spouse under Section 24 of the Hindu Marriage Act, 1955.

Presided over by Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna, the court emphasized that “maintenance is not meant for those with high earning capacities.”

The appellant, identified as ABC, had sought interim maintenance of Rs. 35,000/- per month along with litigation expenses of Rs. 55,000/-. The appeal was filed against the Family Court’s order, which had declined her application for maintenance. She argued her case through Mr. Om Prakash Gulabani, while the respondent, known as XYZ, appeared in person.

The court observed that ABC is highly qualified, holding a Ph.D. in Management and professional qualifications in Computers. Moreover, the court noted her undisclosed employment status, stating, “Such a person cannot be held entitled to maintenance.”

Citing previous judgments, the High Court articulated that Section 24 of the Hindu Marriage Act is designed to support those who are “incapable of supporting himself or herself in spite of sincere efforts” and is not intended to “create an Army of idle people waiting for a dole to be awarded by the other spouse.”

High Court held that the appellant’s qualifications and capacity to earn disqualify her from receiving maintenance and thereby dismissed her appeal. This decision is likely to have far-reaching implications on maintenance claims, particularly involving well-qualified spouses.

Date of Decision: 12 September, 2023

ABC vs XYZ