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Wife Being Capable of Earning no Ground to Deny her Interim Maintenance, Many Times Wives Sacrifice their Career only for Family: Delhi High Court

Team SoOLEGAL 24 Dec 2021 2:15pm

Wife Being Capable of Earning no Ground to Deny her Interim Maintenance, Many Times Wives Sacrifice their Career only for Family: Delhi High Court

NEW DELH: The Delhi High Court has stated that the fact that a woman is capable of working is not reason to deny her interim maintenance, stating that many times females sacrifice their careers only for the sake of the family.

Justice Subramonium Prasad further stated that the purpose of Section 125 Cr.P.C. is to alleviate the misery and financial distress of a woman who leaves her matrimonial house so that provisions might be made for her and her child’s support.

The statements were made as the Court was hearing a criminal revision appeal brought by a spouse, an Indian Army Colonel, contesting a Family Court decision directing him to pay Rs. 33,500 in monthly maintenance to his wife.

Thus, it was the petitioner husband’s position that there were blatant discrepancies in the challenged order as a result of the wife’s hiding of facts. It was suggested that the wife should be prohibited from receiving maintenance since she was in an adulterous relationship with one of his army seniors.

It was also argues that the wife should be barred from collecting maintenance since she previously worked as a teacher and earned a living. The respondent wife, on the other hand, claimed that it was a loveless marriage that drove her to file for divorce, custody and support against the husband. It was also argues that the impugned included no flaws and that the revision petition lacked validity.

“The purpose of Section 125 Cr.P.C. has been laid down by the Supreme Court in several judgments. The object of Section 125 Cr.P.C. is to prevent vagrancy and destitution of a deserted wife by providing her for the food, clothing and shelter by a speedy remedy,” the court observed.

It further said that the sum awarded under Section 125 of the Cr.P.C. is considered for determining maintenance in other processes, such as those under the Protection of Women from Domestic Violence Act of 2005, Section 24 of the Hindu Marriage Act, and so on.

“It cannot be said that the Army order would over – ride the provisions of Section – 125 Cr.P.C. and that the Army personnel are covered only by the Army Order and that Section – 125 Cr.P.C. would not apply to Army Personnel,” the Court said at the outset.

“The fact that the respondent is capable of earning is also no ground to deny interim maintenance to the respondent herein. Many a times wives sacrifice their career only for the family.”

The Court determined that the accusation that the wife committed adultery or was living in adultery could not be proven definitively and that the question could only be settled after both parties presented evidence.

“Needless to state that if it is conclusively proved that the respondent was living in adultery and was not entitled to maintenance at all, the learned Trial Court can pass appropriate order for return of the maintenance amount if it deems it fit and keeping in mind the object of Section 125 Cr.P.C. is to prevent vagrancy destitution of a deserted wife,” the Court added.

As a result, the Court granted the petition in part and ordered the husband to pay Rs. 14,615 per month in interim maintenance to the wife beginning on January 01st, 2017.

However, the Court stated that it was not inclined to overturn the section of the impugned judgment that required the husband to pay Rs. 9,000 per month to the wife here under from the date of filing of the case till December of 2016.



Tagged: Delhi High Court   Justice Subramonium Prasad   Family Court   Supreme Court  
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