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No law compelling wife to earn: HC

There is yet no legislation which compels a wife to work, the Bombay HC observed while rejecting a man’s challenge to an order of the family court directing him to pay maintenance to his wife and child. His contention was his wife is educated and can earn.

The Principal Judge, FC on 17 May, 2012 directed the man to pay maintenance of Rs 9000/- pm for the wife and Rs 5000/- pm for their child. He challenged this order saying he earned Rs 14,000 per month when it was passed.

On 15 February, 2013 Justice Roshan perused his salary slips which shows the gross as well as net income and was considered by the lower court judge. His net income is Rs 53,978/-,’ she said. The judge noted he worked with a reputed group and later claimed to work with a smaller entity.

There is no reason for the petitioner husband to resign from a good company and to work with an individual. Hence his contention has been rightly rejected as false,’ said Justice Dalvi.

There is yet no legislation which compels the wife to work. A wife is yet entitled not to work and to claim maintenance if she has been not been provided sufficient support and if the husband has failed and neglected to maintain her,’ said Justice Dalvi.
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