A single judge of Delhi High Court held that, the petitioner deliberately avoided employment to maximize Interim maintenance claims.

From Paras 29 and 30,

29. Evidence was adduced showing the petitioner‟s previous employment as an Audit Associate at KPMG Dubai, subsequent work as a Human Resources Manager in her father‟s business, and entrepreneurial venture importing semi-precious jewellery. The respondent referred to her LinkedIn profile confirming her employment history and the learned Principal Judge noted that while the petitioner simply mentioned “Graduate” and “Post Graduate” in her affidavit without specifying details, she concealed her professional qualifications and previous employment history.
30. The learned Principal Judge relied on various precedents holding that prima facie evidence reveals that the petitioner deliberately avoided employment to maximize maintenance claims, referencing the WhatsApp conversation dated 31st December, 2020, i.e., prior to her petition filed on 24th June, 2021. It was further observed that although the petitioner claimed in her petition to be actively seeking employment, she failed to substantiate any job search efforts. The Court below found merit in the respondent’s contention that the petitioner, despite high educational qualifications and work experience, was strategically remaining unemployed.

From Paras 38-40,

38. It is settled that while adjudicating an application for grant of interim maintenance, the Court concerned must be prima facie satisfied whether such case is made out or not.
39. In the instant case, despite the contentions made by the petitioner that she was earlier residing at her maternal home, pursuant to which she started residing with her maternal uncle, who is old and unable to support her, along with the fact that she is unemployed and dispute is existing with respect to her father’s properties, this Court cannot ignore the fact that the petitioner is admittedly a well-qualified and able-bodied person. Furthermore, the whole situation where the petitioner was staying with her parents and now with maternal uncle indicates that she wants to convince the court that she is unable to earn.
40. It is trite to observe that it is the duty of the husband to maintain his wife despite the circumstances, however, for grant of interim maintenance, prima facie satisfaction is necessary to determine whether the wife is genuinely in need of maintenance and the factors leading to such need of maintenance.

From Paras 33-34,

43. Regarding the prima facie evidence of deliberate unemployment, the WhatsApp conversation between the petitioner and her mother, legitimacy of which can be determined at the appropriate stage of trial, wherein the mother advises that employment would jeopardize alimony claims, is particularly telling. This communication, preceding the maintenance petition, strongly suggests a deliberate attempt to remain unemployed to seek maintenance claims.
44. Furthermore, it has been rightly observed by the learned Principal Judge that while the petitioner claims that she cannot sit idle and is trying to search for a job, she has not placed any evidence on record regarding her efforts to secure employment or resume her business activities either before the Court below or before this Court. Accordingly, this Court is of the considered view that the mere assertion of job-seeking, without corroborative evidence, is insufficient to establish genuine efforts at self-sufficiency.

From Paras 46-47,

46. Here, it is imperative to mention that the petitioner’s reliance on Shailja (Supra), regarding the distinction between “capable of earning” and “actual earning”, the facts of the present case are distinguishable. In the present case, there is prima facie evidence suggesting deliberate avoidance of employment by the petitioner.
47. Taking into consideration the observations made hereinabove, this Court is of the view that qualified wives, having the earning capacity but desirous of remaining idle, should now set up a claim for interim maintenance. Section 125 of the CrPC carries the legislative intent to maintain equality among the spouses, provide protection to the wives, children and parents, and not promote idleness. In light of the same, this Court is of the considered view that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband. Therefore, interim maintenance is being discouraged in the present case as this Court can see potential in the petitioner to earn and make good of her education.

Finally, from Paras 49-50,

49. The petitioner herein has a master’s degree from Australia, she was earning well in a job in Dubai before her marriage, there are certain conversations between the petitioner and her mother which shows the ex facie mala fides on the part of the petitioner etc. The said factors, upon conjoint consideration to award interim maintenance, do not warrant any inclination of this Court. Moreover, this Court encourages the petitioner to actively look for a job to become self-sufficient as she already got wide exposure and is aware of the worldly affairs unlike other women who are not educated and are completely dependent upon their spouses for basic sustenance.
50. This Court is unable to comprehend the fact as to why, despite being able-bodied and well qualified, the petitioner has remained to choose idle since her return to India. Thus, it is held that the learned Principal Judge rightly passed the impugned order holding that the petitioner herein is not entitled to grant of interim maintenance considering the peculiar facts.

Index of Maintenance Judgments under 144 BNSS is here.