A court cannot tell the husband that he should beg, borrow or steal to give maintenance to the wife, when both are almost equally qualified and capable of earning.

Borrowing from a judgment of the Delhi High Court, a Mahila court has denied interim maintenance to a woman, a qualified doctor, from her estranged husband, who is also a doctor.

“Perusal of income affidavit filed on behalf of complainant (woman) and respondent (estranged husband) reveals that both are well qualified doctors...,”Metropolitan Magistrate Shilpi Jain said.

The court relied on a Delhi High Court order in which it had said: “We are living in an era of equality of s*xes. The Constitution provides equal treatment to be given irrespective of s*x, caste, and creed...”

The magistrate noted that, “In the case in hand also both husband and wife are equally qualified doctors having qualification of BDS, MBBS, etc.,” and the complainant woman was earning Rs.21,200 at present, while the her husband was employed on contract basis from where he was drawing Rs1.40 lakh per month, but his contract came to an end.

“In these circumstances when complainant and respondents are equally qualified and complainant herself is employed as well as in view of aforesaid judgment, complainant is not entitled to any kind of interim maintenance at this stage from the husband and her application stands dismissed,” Ms Jain said.

The woman had in her petition demanded interim maintenance of Rs.50,000 per month from her estranged husband, a doctor.

Their marriage was solemnised in 2011. The woman had alleged that her parents had spent a lot of money on the wedding but her husband and his family were not satisfied with the dowry she had brought. She alleged that she was tortured by the family physically, emotionally and mentally.

In his reply, the man denied all allegations and submitted that the complainant has never been harassed for dowry. He also submitted that his contract wherein he was earning Rs.40 lakh got terminated and, therefore, he was no longer earning much salary. 

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Please find the judgment