The Kerala High Court has ruled that forcing a wife to resign from her job, thereby depriving her of financial independence, constitutes economic abuse under the Protection of Women from Domestic Violence Act, 2005 (DV Act).

Justice G. Girish, presiding over the case, upheld the decision of the Additional Sessions Court, Kottayam, which had awarded Rs.5,000 per month as maintenance to the petitioner-wife.

The court noted that evidence presented by the petitioner established that she was compelled to quit her job as a nurse in Bombay at the insistence of her husband. As a result, she became financially dependent on him. The judgment emphasized:

“The respondent’s actions led to the deprivation of the petitioner’s income, which falls within the ambit of economic abuse, amounting to domestic violence.”

The petitioner, K.M. Mathew’s former wife, had approached the Judicial Magistrate of First Class, Vaikom, under Section 12 of the DV Act, seeking financial relief for herself and her three children. She asserted that her husband, an accountant working in the USA, had forced her to leave her job and failed to provide financial support thereafter.

The Judicial Magistrate found the husband guilty of economic abuse and directed him to pay Rs.10,000 per month as maintenance. However, on appeal, the Additional Sessions Court reduced the amount to Rs.5,000 per month, stating that the original order included maintenance for the children, who had reached adulthood and were not eligible under the DV Act.

The husband challenged the maintenance order, claiming an absence of domestic violence and financial incapacity. In response, the wife argued that Rs.5,000 was insufficient, given the rising cost of living, and that the husband possessed significant assets, including land registered in her name but controlled by him.

Dismissing the husband’s claims, the High Court reaffirmed that “failure to provide maintenance to the petitioner itself amounts to economic abuse under the DV Act.” The court highlighted that compelling the petitioner to quit her job rendered her financially dependent, thereby constituting domestic violence.

While rejecting the plea for increased maintenance, the court upheld the Rs.5,000 per month maintenance, noting that any request for enhancement should be pursued through appropriate legal channels. The court also dismissed the husband's plea of financial incapacity, considering his long-term employment in the USA and ownership of substantial properties.

Finding no legal infirmity in the lower court’s ruling, the Kerala High Court upheld the maintenance order, reinforcing the recognition of economic abuse as a form of domestic violence under the DV Act.

Case Title: K.M. Mathew v. Jiji Mathew [CRL.REV.PET NO. 1809 OF 2014]

Legal Representation:

• For the petitioner (wife): Advocate Nireesh Mathew

• For the respondent (husband): Advocates S. Ranjit, Gokul Das V.V.H., and Senior Public Prosecutor Seetha S.