Merely Possessing An LLB Degree No Ground To Refuse Maintenance To Divorced Wife: Gujarat High Court
The Gujarat High Court recently observed that merely because a divorced wife possesses an LL.B degree, the same cannot be a ground to refuse her maintenance.
A bench of Justice Hasmukh D Suthar made this observation while upholding a Family Court order directing a husband to pay Rs 10,000 per month to his divorced wife.
The bench, however, dismissed the wife's revision application seeking enhancement of the maintenance amount from Rs. 10,000/- per month to 25,000/- per month.
The parties got married in December 2008 and it was the case of the wife-revisionist that her husband is engaged in singing and organising musical events in India and abroad, and earns substantial income, but became addicted to alcohol and started ill-treating the petitioner.
She further claimed that after about six months of marriage, her husband and her in-laws subjected her to physical and mental harassment on account of dowry demands.
The parties started residing separately in rented premises from December 2013, but even thereafter, the petitioner continued to face physical and mental cruelty, due to which she returned to her parental home. Later, in 2016, both parties got divorced and the husband remarried.
In 2016 itself, the wife filed a plea under Section 125 CrPC seeking maintenance. She was awarded an interim maintenance order of Rs 2,000 per month, but the husband defaulted. Ultimately, the Family Court awarded Rs 10,000 per month as maintenance.
Seeking enhancement, the wife moved to the High Court, where she argued that this amount was grossly inadequate. She contended that the Family Court failed to properly consider her medical needs and the substantial income her husband earns from organizing musical shows.
While the wife admitted that she is practising as an advocate, the husband submitted that he is earning Rs.200/- to Rs.250/- per day only.
Taking into account the submissions of both parties, the bench found no error in the Family Court's order assessing the husband's income at Rs 30,000 to Rs 33,000 per month.
Noting that a divorced wife is also entitled to maintenance, Justice Suthar found that an award of Rs. 10,000 per month was just and proper, which was approximately one-third of the Husband's income.
"...the Family Court has considered the fact that the husband has to maintain his second wife and son and, therefore, awarded Rs.10,000/- per month towards maintenance, which appears to be just and proper, as approximately one-third of his income has been awarded towards maintenance," the bench observed.
The Court strongly relied on the Supreme Court's 2014 judgment in Bhuwan Mohan Singh vs Meena, wherein it was held that the husband cannot escape his liability to maintain his wife or children, as it is the legal and ethical duty of the husband to maintain them.
"It is the duty of the husband to maintain his wife and to provide financial support to her and their children and he cannot shirk his responsibility as husband as well as father to maintain his legally wedded wife and children, which is his social and lawful duty towards them and the wife and children would be entitled to the same standard of living, which they were enjoying while living with them," the HC remarked.
In view of this, the bench upheld the Family Court order but dismissed the wife's revision petition.
Case title - DHRUTI VINUBHAI DODIYA vs. STATE OF GUJARAT & ANR
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