In a recent order passed by a Mumbai sessions court, wife is entitled to maintenance until any allegations against her are proven. So technically, if we reverse this, it translates into husband must pay maintenance to his wife, until any charges against him are proven.
Case:
The sessions court was hearing the plea filed by the wife for maintenance, as reported by Hindustan Times. She claimed that her plea was wrongly rejected by the magistrate court. Hence, she approached the sessions court seeking maintenance.
Allegations by Wife
The woman alleged that her husband used to harass her mentally and physically, and was suspicious of her character, for which he hired a private detective. The wife claimed that her husband had illicit relations with other women, for which he used to insult her regularly and eventually demanded a divorce.
Defense by Husband
The husband, on the other hand, opposed the contentions that the appellant herself inflected unbearable pain and anguish by creating an agonising situation for him and his family members. He claimed that the allegations of domestic violence are false and said that she was in an adulterous relationship with other men.
Mumbai Sessions Court
Additional sessions judge AZ Khan held that evidence related to adultery cannot be considered at the stage of granting maintenance to a former wife. The woman is entitled to maintenance until the allegations are proved, said the court, while setting aside the order of a Magistrate court, which denied maintenance to the wife under the Domestic Violence Act. Khan quoted,
The court based its opinion on nude (sic) photographs, WhatsApp messages, etc. despite these, the court said that adultery requires to be proved in the trial as per the provisions laid down under The Evidence Act and the above mentioned ‘proofs’ cannot be accepted as evidence while deciding the interim maintenance to the appellant/wife against the respondent No.1 (husband).
Husband Failed To Prove Wife Was Working
The court, however, said that apart from the allegation of adultery, the husband failed to prove that his wife was earning. The order read,
The husband has not filed any document to show that the wife has any source of income, but filing the divorce petition on the ground of adultery shows the harassment on his part, at least, at this stage.
Interim Maintenance Granted
The man earns Rs 30 lakh a month from his business. The court has considered this in the submission of the wife and directed the man to pay monthly maintenance of Rs 20,000 per month to her.
VFMI Take:
- It should not be about quantum of maintenance granted, but society must question, why should a husband be liable to pay any maintenance unless charges against him are proven?
- In India, there is no fixed timeline of interim maintenance and once the same is granted, it can take a minimum of 5-7 years only at the trial court
- Effectively, a husband has to keep paying the amount ordered by court without any conclusion to the main matter in sight
- Lastly, even if charges against him are not proven, or it will be proven that the wife was indeed living in adultery, there is no refund whatsoever
- Infact, the courts make husbands pay one time alimony in the end, to settle the matter
Despite Nude Photographs, Whatsapp Messages, Wife Is Entitled To Maintenance Until Allegations Of Adultery Are Proven: Mumbai Court
"Adultery requires to be proved in trial as per Evidence Act. Proofs can't be accepted while deciding interim maintenance"https://t.co/DSzYNFCYbH
— Voice For Men India (@voiceformenind) June 16, 2022
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Occasional Adultery No Grounds To Deny Maintenance To Wife | Delhi High Court
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