While considering a petition for maintenance1under Section 125 of the Code of Criminal Procedure, a Family Court at Mumbai held that, a wife who is well educated/qualified and capable ofearning livelihood cannot sit idle at home and claim maintenance.
While delivering the judgement it was observed by the court that, provisions of Section 125 of Code of Criminal Procedure is widely misused in todays’ world. It was further observed by the court that, in those cases where the wife is well educated and qualified enough to earn her livelihood, one cannot impose burden on the husband to provide maintenance to such qualified wife who is just sitting idle at home.
While considering the present case, court observed that, the petitioner wife is a well-qualified and educated woman and capable enough to earn her livelihood. Hence, court considering the judgement inMamta Jaiswal v. Rajesh Jaiswal2, rejected the petition filed by the wife and held that, the wife who is well qualified and claiming maintenance by sitting idle is not entitled to get maintenance.
It was a case, where the wife (petitioner) filed the petition under Section 125 of Cr. PC claiming maintenance from her husband. Though the court rejected the petition and the claim of the petitioner, court neither accepted the initial contentions of the respondent husband that, the petition for maintenance is not maintainable on the ground that, their marriage was dissolved by way of talaq.
Court further made it clear that, the term “wife” as mentioned under the Section 125 of Cr.PC is an inclusive term where it includes even a divorcee wife and the same is equally applicable to a Muslim women. However, the right to maintenance can be enjoyed only till her remarriage.