Cannot be parasite on husband's earnings: Court tells woman

A Delhi court has refused to enhance the monthly interim maintenance awarded to a woman in a domestic violence case, saying she was not supposed to sit idle at home and be a parasite on the husband's earnings.
Additional Sessions Judge R K Tripathi declined the appeal of the woman seeking enhancement of Rs 5,500 awarded to her as monthly interim maintenance to Rs 25,000 while noting that she was more qualified than her estranged husband.
"The appellant herself is a well-educated lady having post
graduationdegreei.E.MA,B.EdandLLBandisreportedto be morequalifiedthanthe respondent (husband). She can earn herself. She is not supposed to sit idle at home and be a parasite on the earningsofthe respondent," the judge said.

A magisterial court had in 2008 awarded Rs 5,000 per month to the woman. In 2015, the amount was enhanced by 10 per cent.
The woman had appealed against the orders seeking further enhancement to Rs 25,000.

The sessions court, while upholding the 2015 magisterial court's decision, said it tooknoteofpracticalrealities prevailinginthesociety.
It also said that the magistrate, whiletakingnoteof the cost ofliving in 2008andin 2012, was pleasedto enhance the maintenance at a reasonable rate.
"The metropolitan magistratehasrightlyobservedthat inflation rate varies between six and 11 per cent in India as per government statics. Therefore,theenhancementof maintenanceat10per cent (of Rs 5,000) isfully justified," the sessions judge observed.

It also noted that the woman had failed to reason out why she wanted the enhanced amount and had failed to prove rise in her expenditure as well as her estranged husband's income.