New Delhi: A woman separated from her
husband is not expected to remain "idle and starve" and can
claim maintenance from him even after taking up a job, a Delhi
court has held.
Additional Sessions Judge Virendra Bhat gave the ruling
while ordering the husband of an estranged woman, living at
Uttam Nagar in West Delhi and providing private tuition to
earn her livelihood, to pay her Rs 14,000 a month to take care
"In case, she is an educated lady, she would definitely
make efforts to do some job and earn livelihood. That should
not be a disqualification for her to claim maintenance from
her husband," ASJ Bhat said, while awarding the sum as
maintenance to her and their son.
The Sessions Court`s order came on an appeal by the woman
challenging a magisterial court`s order which had awarded a
maintenance of Rs 4,000 only for the couple`s son, but had
dismissed the woman`s plea for alimony on the ground that she
had been earning herself.
The court gave its order also dismissing the husband
Rajesh Mahajan`s appeal objecting to the magistrate`s order
asking him to pay Rs 4,000 to their minor son for maintenance
apart from paying his school fee.
The court set aside the magisterial court`s
reasoning for denying the maintenance to the woman and said,
"For instance, if a wife after being neglected by her husband,
starts begging and gets a handsome amount daily as alms, she
can be, by no means, taken to be earning handsomely for her
maintenance and not entitled to maintenance from her husband."