Orissa High Court Slams Husband's Attempt to Dodge Maintenance
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💬 Bridging Perspectives
The Orissa High Court recently delivered a significant blow to a husband's attempt to evade his maintenance responsibilities. The court firmly stated that a well-qualified husband cannot simply quit his job to avoid supporting his wife and child. The court dismissed the husband's writ petition against a Family Court order, which had directed him to pay Rs. 15,000 per month as maintenance.
Facts of the Case
The Family Court initially ordered the husband to pay Rs. 15,000 monthly to his wife and daughter, along with Rs. 10,000 for litigation expenses, under Section 24 of the Hindu Marriage Act, 1955. The husband, in his defense, claimed he had resigned due to trauma inflicted by his wife and was now unable to pay. However, the wife's counsel countered that the husband was a qualified Electrical Engineer with 32 years of experience and should be directed to pay Rs. 50,000 per month.
Reasoning and Observation by the Court
Justice G. Satapathy made strong observations. The court emphasized that while genuine unemployment deserves support, deliberately remaining idle despite having qualifications and opportunities is unacceptable. The court stated that the law does not favor those who are voluntarily lazy and seek to burden their spouses.
The High Court highlighted that even if the husband claimed to have no income, his education, qualifications, and ability to earn must be considered. The court found that the husband's claim of joblessness, without demonstrating sincere efforts to find employment, was not a valid excuse to avoid his responsibilities.
The Court reiterated that, "spouses having high qualification, but desirous to remain idle and not making any efforts for the purpose of finding out the source of livelihood should be discouraged.”
Upholding Family Court's Order
Considering the husband's qualifications, past employment, and the wife's admitted income, the High Court found no fault in the Family Court's order of Rs. 15,000 per month for maintenance. The court also upheld the grant of Rs. 10,000 for litigation expenses, deeming it neither arbitrary nor excessive. Consequently, the husband's writ petition was dismissed.
Conclusion
The Orissa High Court's decision sends a clear message: qualified individuals cannot shirk their marital responsibilities by feigning unemployment. This ruling reinforces the importance of financial support within a marriage and discourages attempts to exploit the legal system to avoid maintenance obligations.
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