Delhi HC says husband calling wife 'parasite' insult to her, entire womankind

The Delhi High Court has stated that a wife's ability to earn a living does not absolve her husband of the duty to provide her maintenance, emphasizing that referring to her as a "parasite" is an insult not only to her but to all women. This ruling came during the husband's appeal against a lower court's order to pay maintenance to his wife. The court noted that many Indian women leave their jobs to care for their families, children, and husbands, and this should be acknowledged.

The petitioner, who had reportedly abandoned his wife and children to live with another woman, was ordered by the trial court to pay Rs 30,000 per month in maintenance, along with ₹5 lakh for "injuries" sustained by his wife, which included mental torture and emotional distress. Additionally, he was directed to pay ₹3 lakh in compensation, including ₹30,000 for litigation costs.

Challenging the order, the husband argued that his wife, who had worked in a boutique, should not be considered a "parasite" misusing the law. However, the court upheld the trial court's ruling, stating that a wife's capacity to earn does not diminish her husband's responsibility to provide support.


In its recent order, the court noted the husband’s financial status, which indicated a "comfortable and affluent lifestyle," affirming that he was capable of paying the maintenance amount. Justice Subramonium Prasad highlighted that Indian women often make significant sacrifices for their families, and dismissing the wife as a "parasite" was derogatory.

The court also recognized the wife as a victim of domestic violence, defining it as including physical, sexual, verbal, emotional, and economic abuse. It observed that the wife had to leave the matrimonial home due to her husband's infidelity and the associated abuse.

The court referred to various legal provisions, including Section 24 of the Hindu Marriage Act, Section 125 of the Criminal Procedure Code, and Section 12 of the Domestic Violence Act, as essential tools for social justice aimed at protecting women and children from potential destitution. It reiterated that a husband is legally obligated to maintain his wife and children if he has the means, and he cannot evade this responsibility without a valid legal basis.