The Delhi High Court has rejected the notion that a homemaker who does not earn is “idle”, observing that her unpaid labour significantly supports the earning spouse and must be considered while deciding maintenance.
Justice Swarana Kanta Sharma said non-employment cannot be equated with deliberate dependence. The court emphasised that while determining maintenance, the law must account for the economic value of household work performed during marriage.
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The ruling came in a case under the Protection of Women from Domestic Violence Act, where lower courts had denied interim maintenance to an estranged wife, citing her education and ability to work. Setting aside that view, the High Court clarified that the capacity to earn is different from actual income and cannot by itself justify denial of maintenance.
