Highly Qualified and Employed Wife Not Entitled to Maintenance: Delhi High Court

07 May 2024 8:19 AM

By: Admin

Delhi High Court, in a landmark decision, ruled that a highly qualified wife who is capable of earning and has not truthfully disclosed her employment status is not entitled to maintenance under Section 24 of the Hindu Marriage Act, 1955.

The judgment was delivered by the Hon'ble Mr. Justice Suresh Kumar Kait and Hon'ble Ms. Justice Neena Bansal Krishna, and it was pronounced on September 12, 2023.

The appellant, Niharika Ghosh, had appealed against an order denying her maintenance, originally passed by the Principal Judge of Family Courts. Ghosh, who holds a Ph.D. in Management and has professional qualifications in Computers, claimed she was unemployed and sought maintenance from her husband, Shankar Ghosh.

The Court made several critical observations regarding the appellant's employment status and qualifications. "It is difficult to accept that a person who is so highly qualified would not be working and it is even more difficult to accept that she would be working for charity," the Court observed.

Another significant observation was regarding truthful disclosure. "A party’s failure to disclose true facts about employment can have a significant bearing on the adjudication for maintenance," stated the judgment.

The Court also cited previous judgments, including Mamta Jaiswal vs. Rajesh Jaiswal and Rupali Gupta vs. Rajat Gupta, to support its decision. These cases also declined maintenance to spouses with significant qualifications and earning capacities.

In light of the observations, Delhi High Court held , "We find that in the present case it is not only that the appellant is highly qualified and has an earning capacity, but in fact, she has been earning, though has not been inclined to truthfully disclose her true income." Accordingly, the Court dismissed the appeal, stating that a person with such qualifications and earning potential is not entitled to maintenance.

Date of Decision: 12 September, 2023

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