The Delhi High Court has dismissed a woman’s plea for interim maintenance, emphasizing that a well-educated individual with relevant work experience cannot deliberately avoid employment to claim financial support from her husband.
Justice Chandra Dhari Singh, while ruling on the case, noted that the petitioner—a woman with a master’s degree from Australia and previous professional experience in Dubai—appeared to be making a conscious effort to prove her financial dependency. Her decision to stay with her parents and later with her maternal uncle was seen as an attempt to strengthen her claim for maintenance.
The Court observed that while some women may genuinely need spousal support due to limited education or job opportunities, the petitioner was fully equipped to sustain herself. Encouraging her to seek employment, the Court ruled that she could not rely on maintenance as a substitute for self-sufficiency.
Adding to the case’s complexity, a WhatsApp exchange between the petitioner and her mother became a key piece of evidence. In the conversation, the mother allegedly advised her daughter against working, arguing that employment could weaken her alimony claim. Although the authenticity of this chat will be verified at trial, the Court considered it prima facie evidence of an intentional decision to remain unemployed.
The timing of the WhatsApp exchange, which took place before the woman filed for maintenance, further reinforced the suspicion that she was deliberately avoiding work to support her case.
Citing these factors, the Delhi High Court upheld a family court’s earlier decision to deny interim maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The petitioner’s plea was dismissed, setting a precedent against willful unemployment in maintenance claims.
