Working and well qualified wife not entitled to maintenance rules Delhi High Court

Sanjay Bhardwaj & Ors. Vs State & Anr, 2010 IV AD (CRL) (DHC) 481 (HIGH COURT OF DELHI) CRL. M.C.NO. 491/2009

“We are living in an era of equality of sexes. The constitution provide equal treatment to be given irrespective of sex, caste and creed. An unemployed husband, who is holding an MBA decree, cannot be treated differently to an unemployed wife, who is also holding an MBA decree. Since both are on equal putting one cannot be asked to maintain other unless one is employed and other is not employed. “

Hon’ble High Court further held that “no law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning. “

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