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Delhi High Court: unemployed spouse with earning capacity shouldn't burden partner, reduces maintenance

  • Delhi High Court reduces monthly maintenance from ₹30,000 to ₹21,000
  • Court asserts that a spouse with the capacity to earn should not burden the other partner
  • Maintenance provision under the Hindu Marriage Act deemed gender-neutral

22 Nov 2023

Delhi High Court: unemployed spouse with earning capacity shouldn't burden partner, reduces maintenance

In a recent ruling, the Delhi High Court asserted that a spouse with a reasonable capacity to earn should not remain idle without a sufficient explanation, placing the burden of meeting expenses solely on the other partner. The court made this observation while reducing the monthly maintenance amount from ₹30,000 to ₹21,000 to be paid by a man to his estranged wife under the Hindu Marriage Act. The bench emphasized that maintenance is intended to provide relief to the spouse unable to support themselves during legal proceedings and ensure they don't suffer due to a lack of income.

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