New Delhi: The Delhi High Court has made an important observation while deciding a maintenance case under the Protection of Women from Domestic Violence Act.
The Court said that calling a non-working wife “doing nothing” is unfair and legally incorrect. A homemaker’s work may not bring a salary, but it has real economic value.
What Was the Case About?
The couple married in 2012. According to the wife, her husband left her and their minor son in 2020.
She approached the court seeking maintenance. However:
A magistrate court refused interim maintenance, saying she was educated and capable of earning.
The appellate court also denied relief.
The husband argued that she was able to work and should not sit at home and claim maintenance. He also said he was paying for the child’s education.
The matter then reached the High Court.
What Did the High Court Say?
Justice Swarana Kanta Sharma rejected the argument that a non-earning wife is “doing nothing” or deliberately depending on her husband.
The Court made several key points:
1. Homemaker’s Work Is Real Work
Managing a household, raising children, supporting the family, and adjusting life around the husband’s job are all forms of work. Just because this work is unpaid does not mean it has no value.
2. Capacity to Earn Is Not the Same as Earning
The Court clearly said that simply being qualified or capable of working is not enough to deny maintenance. What matters is whether the person is actually earning.
3. Social Reality Must Be Considered
In many Indian families, women leave jobs after marriage or childbirth. Later, it may not be easy for them to return to work at the same salary or position.
4. Law Must Be Fair
A wife who spends years building and supporting the family should not be left financially helpless after separation.
The Court said that describing a non-working wife as someone who is “doing nothing” shows a misunderstanding of domestic responsibilities.
Final Decision
The High Court found no proof that the wife had any income. It awarded her ₹50,000 in the domestic violence proceedings.
Court’s Advice on Maintenance Cases
The Court also noted that maintenance disputes often become very confrontational. It said that:
A wife may sometimes overstate her expenses.
A husband may sometimes understate his income.
The Court suggested mediation as a better option than long legal battles, especially when children are involved.
Why This Judgment Matters
This ruling makes one thing clear:
A homemaker’s unpaid work supports the entire family. The law must recognise that contribution while deciding maintenance.
Not having a job does not mean a woman is doing nothing, and her efforts at home must be respected.
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