Husband calling wife ‘parasite’ insult to entire womankind: HC

AGENCIES

New Delhi: Wife being able-bodied to earn a livelihood does not absolve a husband from providing her maintenance, and calling her a “parasite” is an insult to her as well as the entire womankind, the Delhi high court has said. The court, while dealing with a husband's plea challenging a lower court's direction to pay maintenance to his wife, observed that Indian women leave their jobs to look after the family, cater to the needs of their children and to look after their husbands and his parents. The petitioner husband, who was stated to have abandoned his wife and children and was living with another woman, was ordered by the trial court to pay Rs 30,000 per month as maintenance to his wife, along with Rs 5 lakh towards the “injuries” sustained by her, including mental torture, depression and emotional distress.

The trial court had also directed him to pay Rs 3 lakh as compensation to his wife, including Rs 30,000 as litigation costs. Challenging the order, the petitioner argued in the high court that his wife was an able-bodied lady who has worked in a boutique and, therefore, she could not be allowed to become a “parasite” by misusing the law. The court refused to interfere with the directions and said the fact that the wife is capable of earning cannot work to her detriment.

The court, in a recent order, noted that the financial and asset profile of the petitioner reflected a “comfortable and affluent lifestyle” and, therefore, he was in a position to pay Rs 30,000 per month as maintenance.

“The fact that the Respondent (wife) is able bodied and can earn a livelihood does not absolve a husband not to provide maintenance to his wife and children. Indian women leave their jobs to look after the family, cater to the needs of their children, look after their husbands and his parents. “The contention that the Respondent is only a parasite and is abusing the process of law is nothing but an insult not only to the Respondent herein but to the entire women kind,” said Justice Subramonium Prasad.