The Orissa High Court states that well-educated wives should not stay inactive just to receive financial support from their husbands.
The Orissa High Court has decided that a well-educated woman should not remain inactive and rely on her husband for financial support. The Court pointed out that maintenance under Section 125 of the CrPC is intended for wives who truly cannot support themselves. Justice Gourishankar Satapathy made these comments while lowering the maintenance amount given to a woman by the Family Court. The Court stated that the law does not favor wives who choose to be idle to shift the financial burden of maintenance onto their husbands, especially when they have the qualifications to work.
Advocate A.C. Panda represented the Petitioner, while Advocate R.C. Ojha represented the Opposite Party. The case involved a husband who was contesting a Family Court order that required him to pay ₹8,000 monthly to his estranged wife. The court noted his monthly salary of ₹32,541 and his duty to support his dependent mother. Although the wife claimed to be unemployed, she was found to be highly educated, with a science degree and a Post-Graduate Diploma in Journalism and Mass Communication. She had previously worked in media. Despite recognizing her qualifications, the Trial Court granted her maintenance, leading the husband to appeal to the High Court.
The Single Bench, while partially agreeing with the husband’s appeal, stated that Section 125 CrPC is meant for wives without any means to support themselves, not for those who choose not to work when they are capable. The Court emphasized that the maintenance amount should take into account the husband’s income and responsibilities, as well as the wife’s education and job potential.
The purpose of Section 125 of the CrPC is to help wives who cannot support themselves and lack enough income. The law aims to ensure that a wife’s needs are weighed against her husband’s income and responsibilities, as well as her education and earning potential, the Court stated.
Considering the wife’s qualifications and earning potential, the Court lowered the maintenance from Rs. 8,000 to Rs. 5,000 per month. This decision balances the husband’s responsibilities with the wife’s ability to support herself. The Court noted that while the husband has a dependent mother and his own needs, the wife was unemployed at the time of her maintenance request but has good prospects for employment. Therefore, the Court decided it would be fair to reduce the maintenance by Rs. 3,000 per month. The husband is now required to pay the wife Rs. 5,000 per month starting from the date of her application, with any owed amount to be paid in four bi-monthly installments, beginning on March 7, 2025.
Cause Title: Madan Kumar Satpathy v. Priyadarshini Pati [RPFAM NO.417 of 2023]
