Wife holding graduate degree can't be compelled to work: Delhi High Court

The court's remarks came in response to a petition which was filed by a man who was seeking a reduction in his wife's monthly interim maintenance

The Delhi High Court said on Wednesday that only because a wife is a graduate, she cannot be compelled to work and it cannot be assumed that she would intentionally refrain from employment to claim maintenance from her estranged husband.

A bench, led by Justice Suresh Kumar Kait, acknowledged that the wife's graduate status was undisputed; however, the court emphasised that she had never been gainfully employed. (File)

The court's remarks came in response to a petition which was filed by a man who was seeking a reduction in his wife's monthly interim maintenance, which was initially set at ₹25,000 but he sought for it to be reduced to ₹15,000, citing her possession of a B.Sc degree, PTI reported.

A bench, led by Justice Suresh Kumar Kait, acknowledged that the wife's graduate status was undisputed; however, the court emphasised that she had never been gainfully employed.

The court found no grounds to intervene in the family court's determination of the interim maintenance.

The bench stated, "No inference can be drawn that merely because the wife is holding a degree of graduation, she must be compelled to work. It can also not be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband," the bench, consisting of Justice Neena Bansal Krishna, said.

However, the court set aside a ₹1,000 penalty per day, which would be imposed on the husband in case of a delayed maintenance payment. It directed the husband to pay the interest at a rate of 6 per cent per annum for any delayed payments.

The court also imposed a penalty of ₹550 per day related to the delay in payment of litigation costs.

(With inputs from PTI)