Court denies alimony to woman, says
she's capable of working
PTI, New Delhi | Updated: Mar 24, 2014 17:49 IST
A woman has been denied alimony by a Delhi court
which observed that she was capable of working as she
used to do before marriage and so was not dependent
upon her husband for survival.
"The couple does not have any child and therefore the
woman was as independent as the man to work and
maintain herself," Additional Sessions Judge (ASJ)
Anuradha Shukla Bhardwaj said, dismissing the appeal of
the woman, a resident of Delhi, who had challenged the
order of a magisterial court which had also denied her
relief on similar grounds.
The court rejected the woman's plea relying on
judgements of the Delhi High Court in which it had held
that when husband and wife have equal educational
qualifications, both must take care of themselves.
"In view of the judgements the High Court of Delhi where
it has been held that wherever the wife is capable to
work and had been working, she shall not be considered
dependent upon the husband for her survival. There is no
apparent error in the order of trial court," the sessions
court said.
The woman had approached the court seeking
maintenance from her estranged husband.
In her appeal, the woman said that she was dependent
upon her estranged husband for her livelihood and
claimed that the trial court had committed an error in
concluding that she was capable to work, so cannot be
granted maintenance.
The man's counsel, however, argued that as per her own
admission she was working before her marriage and she
was an independent woman and could maintain herself.
The court while denying the relief to the woman said
that in her complaint before the trial court, she had
stated that she was doing a small business of fashion
designing in Delhi.
"There is an admission on part of the woman that she
was working and thus was capable of working. It was
not pleaded as to how her marriage has rendered her
incapable of continuing the work which she was doing
prior to her marriage.
"The couple does not have any child and therefore the
woman was as independent as the man to work and
maintain herself," ASJ Bhardwaj said.
Tags woman denies alimony Delhi court
alimony denied to delhi woman Delhi High Court
Land bill aims to grab farmers' land:
m.hindustantimes.com/india-news/court-denies-alimony-to-woman-says-she-s-capable-of-working/article1-1199868.aspx
I want above order copy...please anyone help me....
regards
Kohinoor
