Just Having a Degree Not a Ground To Denie or Reduce Maintenance: Delhi High Court

07 May 2024 8:19 AM

By: Admin

In a recent judgment, the Delhi High Court has made a significant ruling affirming that merely holding a degree of graduation does not compel a wife to work for maintenance. The judgment was delivered by HON'BLE MR. JUSTICE SURESH KUMAR KAIT and HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA on October 12, 2023.

The case involved an appeal against an order of enhancement of pendente lite maintenance, with the husband seeking a reduction in maintenance and the wife seeking further enhancement. The dispute primarily revolved around the husband's income and the wife's employment status.

The Court's observation that "No inference can be drawn that merely because the wife is holding a degree of graduation, she must be compelled to work" carries significant weight in emphasizing the principle of choice regarding a spouse's employment, especially in cases of maintenance.

The judgment also addressed the imposition of penalties for delays in maintenance payments. The Court found that the penalty imposed for delay in payment of interim maintenance exceeded the maintenance amount itself and, as such, set it aside. Instead, the Court directed that interest at 6% per annum should be paid to the wife for delayed maintenance payments.

This ruling underscores the importance of considering individual circumstances in matters of maintenance and recognizes that educational qualifications alone should not be used to compel a spouse, particularly the wife, into employment for the purpose of maintenance.

Date of Decision: 12 October 2023

ARVIND SINGH VS RAJNI AND ANR.