Smriti Singh, TNN | Aug 16, 2011, 02.38AM IST
NEW DELHI: A woman's qualification and her ability to earn a living do not affect her right to seek maintenance from her estranged husband, a trial court has said.
The court rejected the contentions of a man who refused to pay maintenance to his wife saying that she was well-qualified. Additional sessions judge Virender Bhat said, "When a man marries an unemployed woman, promises to look after all her needs and wants her to be a homemaker, he cannot say that the wife is qualified enough to maintain herself even after their separation ."
The court was hearing the plea of a woman seeking maintenance from her husband on the ground that she did not have any source of income. Her estranged husband works as a deputy manager in a real-estate company earning a salary of Rs 45,000 per month. She also contended that her husband had no other responsibility except to maintain her.
Denying the claim of his wife, the man said she was working as a teacher in a school. "Since she is competent enough to maintain herself she is not entitled to any maintenance from him," his counsel said.
The court, however, trashed his argument saying "No doubt, the appellant holds a MA, BEd degree but the mere holding of such a degree is no guarantee for employment. "
Allowing the plea of the woman, ASJ Bhat said, "The respondent (husband) is directed to pay a maintenance of Rs15,000 per month to the appellant (wife) from the date of the filing of the application before the trial court." The court also directed the man to clear the arrears of maintenance within 2 months from the date of the order.
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