The Delhi High Court has said an unemployed man could not be asked to pay maintenance to his earning wife.
“We are living in an era of equality of sexes. The Constitution provides equal treatment to be given irrespective of sex, caste and creed. An unemployed husband who is holding an MBA degree cannot be treated differently to an unemployed wife who is also holding an MBA degree,” Justice S.N. Dhingra said.
The court passed the order while setting aside the order of a family court that had directed the husband, who was unemployed, to pay a maintenance of Rs 5,000 to his wife.
The court said the wife, who was equally qualified as her husband and was working in an MNC, couldn’t ask for maintenance from her husband who lost his job.
Granting relief to the man, an NRI working in Angola in Africa, the court said “Court cannot tell the husband he should beg, borrow or steal but give maintenance to his wife, more so when the husband and wife are almost qualified and capable of earning”.