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Wife's Education No Excuse to Deny Her Support, Rules Court
12 Jan
Summary
- Wife's qualifications cannot be used by husband to evade maintenance duty.
- Court cited societal realities of women's domestic contributions.
- Allahabad HC remanded maintenance case for fresh determination.

The Allahabad High Court has overturned a family court's decision that denied a wife maintenance from her husband. The High Court emphasized that a husband's argument that his wife is more qualified or possesses vocational skills to earn independently is an insufficient reason to escape his legal duty to provide maintenance. This ruling came after the wife challenged the Bulandshahr family court's order, which had dismissed her claim on the grounds of concealing her professional education.
The bench observed that it is a societal reality that women often dedicate themselves to domestic responsibilities and childcare, hindering their ability to gainful employment. The court criticized the tendency to frame women's sacrifices as a ploy for financial gain during marital disputes, deeming such assumptions unfair and insensitive. The husband's contention that his wife, a postgraduate with a tailoring diploma, was more qualified than his own Class 10 education was rejected as a basis for denying maintenance.
The High Court has now directed the Bulandshahr family court to reconsider the maintenance claim within one month, taking into account the observations made in its judgment. The court noted that the family court had made a meager award of Rs 3,000 per month for the minor son, a sum considered insufficient for his upbringing and education. The High Court stressed that the wife remains entitled to maintenance, irrespective of her potential earning capacity.



