Being Educated Doesn't Mean Woman Can Be Compelled To Work, Says Court In A Maintenance Dispute

The Bombay High Court has said that just because a woman is educated, she cannot be compelled to work.

The court was hearing an appeal filed by a husband against a family court order to pay maintenance to his estranged wife.

In his plea, the husband argued that the wife was salaried and earning a steady income.

BCCL

Wife is employed, says husband

He alleged that the wife had falsely claimed she did not have a source of income.

On the other hand, the husband claimed that he did not have any resources or money left to fight the continuous proceedings being filed by his wife.

A woman can't be compelled to work

Justice Bharati Dangre who heard the plea said that merely because a woman is a graduate does not mean that she has to work and cannot stay back at home.

"Our society has not yet accepted that the woman of the household should contribute. It is a woman's choice to work. Just because she is a graduate does not mean she cannot sit at home," Justice Dangre said.

Unsplash

"Today I am a judge, tomorrow suppose I may sit at home. Will you say 'I am qualified to be a judge and shouldn't sit at home'," the judge asked.

The couple had married in 2010 and in 2013 the wife had started living separately with their daughter.

Later she filed a domestic violence complaint against her husband and his family.

iStock

She also filed for maintenance before a family court, which accepted her plea and ordered the husband to pay ?5,000 per month to the wife and ?7,000 separately as maintenance for the child.

After the wife's lawyer sought time to respond to the contentions made by the husband, the court adjourned the hearing to next week.

What courts have said in the past

Maintenance for educated/working women after divorce has been a much-debated topic in India.

BCCL

In 2015, the Madras High Court had ruled that maintenance could not be denied to a woman from her estranged husband on the ground that she is educated and has the potential to get employment.

In 2017 the Bombay high court had held that a ¡°working woman,¡± who is ¡°capable of maintaining and sustaining herself,¡± should not be entitled to receiving maintenance from her estranged spouse.

In 2019, a Delhi court had also said that a wife who is capable of working and sustaining herself is not entitled to claim maintenance from her husband.

For more on news, sports and current affairs from around the world, please visit Indiatimes News.