In a noteworthy judgment, the Delhi Tall Court as of late denied intervals upkeep to a lady, citing her money related freedom. The case spun around a lady looking for support beneath Segment 24 of the Hindu Marriage Act, which permits for upkeep amid the pendency of separate procedures. The court, in any case, watched that the lady, who held progressed capabilities, counting a Ph.D. and proficient encounter, was completely competent of supporting herself.
The court emphasized that while the law ensures that a spouse receives support when genuinely in need, it is not meant to create a dependency when the person is capable of earning. The woman in this instance was deemed by the court to have the ability to earn money and to have held a job in the past that she willingly left. The woman also withheld important information about her current financial circumstances, which further convinced the court that her maintenance claim was without validity.
This decision upholds the court's position that maintenance is a right that is dependent on the petitioner's circumstances rather than a given. The ruling further emphasizes that, especially in situations where there is no proof of financial difficulty, highly skilled and marketable people are obliged to contribute to their own subsistence.
This administering reaffirms the court's position that support isn't an programmed right but unexpected upon the circumstances of the applicant. The judgment too stresses that well-qualified and employable people are anticipated to contribute to their possess sustenance, particularly when there's no prove of monetary hardship.
This decision follows a broader trend in Indian courts, where maintenance is denied if the court finds that the applicant can maintain themselves or if they are found to be misrepresenting their financial status
TAGS: Delhi High Court interim maintenance financial independence Hindu Marriage Act Section 24 qualified spouse self-sufficiency divorce proceedings earning capacity legal ruling