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The Supreme Court on Tuesday said that qualified women should support themselves financially and not rely on interim maintenance from their husbands. The observation came during a hearing in an alimony case, where a woman had demanded a luxury apartment in Mumbai, Rs 12 crore as maintenance, and a BMW car—following just 18 months of marriage.
According to reports, Chief Justice of India (CJI) BR Gavai strongly questioned the woman’s demands, pointing out that she is well educated and can earn for herself.
The CJI noted that the woman is an IT professional with an MBA degree, and pointed out that such qualifications make her employable in major tech hubs like Bengaluru and Hyderabad. “You’re an IT person. You’ve done your MBA. You’re in demand... Why don’t you work also?” he asked.
"But that house is in Kalpataru... one of the good builders. You are an IT person. You have done your MBA. You are in demand in Bengaluru, Hyderabad... Why don't you work?" the Chief Justice was quoted as saying by the NDTV. "You had a marriage for just 18 months. And you also want a BMW?" CJI added.
The woman, in response, claimed her husband is "very rich" and had filed for annulment of the marriage on the grounds that she is schizophrenic. “Either you get a flat free of all encumbrances or nothing,” the CJI was quoted as saying by Bar and Bench. “When you are highly educated and decide not to work out of your own volition…”
In a similar case earlier in March, the Delhi High Court had stated that the law does not support idleness. Interpreting Section 125 of the Criminal Procedure Code (CrPC)—which provides for maintenance of wives, children, and parents—the high court emphasized that it aims to ensure fairness and protection, not to encourage non-working behavior among qualified individuals.
In that verdict, the High Court said, “A well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband. Therefore, interim maintenance is being discouraged in the case as this court can see potential in the petitioner to earn and make good of her education.”
In another case in December 2024, The Supreme Court has ruled that a wife cannot seek alimony to equalize the wealth of her partner in the event of a divorce. “It cannot be expected of the husband to maintain [his wife] as per his present status all his life. If the husband has moved ahead and is fortunately doing better in life post-separation, then asking him to always maintain the status of the wife as per his own changing status would be putting a burden on his personal progress,” a Supreme Court bench of Justices B.V. Nagarathna and Pankaj Mithal said then.
