GUWAHATI: The Orissa High Court has condemned well-qualified men who deliberately remain unemployed to evade paying maintenance to their wives and children. Observing that such individuals must be criticised, the court stated that the law does not support indolence or encourage dependency.
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The recent ruling came while dismissing a petition by a husband challenging a family court order that directed him to pay ₹15,000 per month as pendent lite maintenance to his wife and daughter, along with ₹10,000 towards litigation expenses.
The husband argued that he had resigned from his job due to mental distress caused by his wife and was unable to pay maintenance. He also claimed that Section 24 of the Hindu Marriage Act does not mandate maintenance for children and sought to reduce the amount to ₹5,000.
However, the wife countered that her husband was an electrical engineer with 32 years of experience in a reputed organisation and was fully capable of earning a livelihood. The High Court, therefore, rejected the husband’s argument, stating that the objective of Section 24 implicitly includes the welfare and education of children.
Justice G Satapathy criticised men who deliberately quit jobs or remain unemployed to frustrate maintenance claims. “A well-qualified man who chooses idleness to shift the financial burden onto his wife should not be encouraged. The law does not intend to create an army of self-made lazy individuals,” he said.
The court further observed that spouses in matrimonial disputes often conceal their true incomes and reiterated that those making no sincere efforts to find work should be condemned.
Dismissing the husband's plea, the High Court reaffirmed that maintenance laws exist to provide genuine financial support and should not be misused by either party to escape their responsibilities.
Relatedly, in a recent judgment, Justice Satapathy had also criticised women who remained unemployed solely to claim maintenance from their husbands.
