This older Delhi High court judgment by Justice S N Dhingra is an important one which puts equality between men and women before the law on a sound footing. It seems from the wording that the case involves asking for maintenance under one more section (probably HMA 24) while also getting it under CrPC 125. The judgment orders that she not sit idle on her MBBS qualification and do some honorary work while she is getting maintenance from husband.
Full judgment below with important points in bold:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) 1153/2008
KAVITA PRASAD ….. Petitioner
Through: Mr. S.D. Singh, Adv.
versus
RAM ASHRAY PRASAD ….. Respondent
Through:
CORAM:
HON’BLE MR. JUSTICE SHIV NARAYAN DHINGRA
O R D E R
01.10.2008
The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims
that she was sitting at home despite being a qualified Doctor and does not work. The petitioner
claimed maintenance against her husband who is in service. The Trial Court granted maintenance of
Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was
working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted
by the Trial Court was made subject to adjustment of the maintenance being received by her under
Section 125. Since counsel for the petitioner states that petitioner is not working anywhere, despite
being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court
should not allow her experience and qualification to go waste. I consider that she should be directed
to work as a honorary Doctor in some public welfare institute or school free of charges where she can
take care of health of the poor people. Let her come to Court and give an undertaking that she was
prepared to work without charging anything in any institution named by this Court around her
house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her
husband on the plea of being unemployed.
List on 23rd October, 2008.
SHIV NARAYAN DHINGRA,J
OCTOBER 01, 2008