Lawstreet Journal

Magazine covers not sufficient evidence to demonstrate that wife who is modeling can sustain herself: Delhi High Court

Lawstreet Journal 9 Apr 2021 7:26pm

Image courtesy: Lawstreet Journal Judiciary Magazine covers not sufficient evidence to demonstrate that wife who is modeling can sustain herself: Delhi High Court

In a maintenance proceeding, the Delhi High Court recently held "that the burden of proof to prove that the wife can maintain herself is on the husband." Simply showing magazine covers depicting that the wife is into modeling cannot be accepted as valid evidence. 

A Single Judge Bench Justice Subramonium Prasad has passed an order to this effect. 

In the present case, the petitioner- husband, and respondent-wife had got married in 1985 but were living separately since 2021.

The Petition is filed by the wife- respondent under Section 125 of Code of Criminal Procedure (CrPc) for the grant of maintenance. The petitioner had claimed that in 2012 she was thrown out of the house. 

The family court had fixed the amount of Rs. 17,000 per month to be paid to the respondent. 

The husband-petitioner challenged the above decision of the family court before the High Court. The petitioner highlighted that under Section 165 of the Indian Evidence Act, the respondent-wife has herself revealed that she was into modeling. 

Therefore, the burden of proof is on the respondent to prove that she could not maintain herself, as the income earned by her was so less. 

In order to establish that the respondent was employed and capable of maintaining herself, the petitioner produced certain covers of magazines and paper articles before the Court. 

In view of the law laid down by the Supreme Court, the High Court observed that, 

"In order to remedy or reduce the economic sufferings of a woman who is forced… Continue Reading...

Tagged: Delhi High Court  
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