India is possibly the only country in the world, where a woman can be married for one single day, but as per law, she is entitled to lifelong maintenance from her estranged husband without any charges on the man being proven.
And the below case will shock you even more, because a wife in India is legally permitted to ask for maintenance even after 36-years of separation. Yes, you read that right!
The present petition has been filed by the petitioner husband under section 482 of the Code of Criminal Procedure, 1973 challenging the order passed by Gram Nyayalay, Aspur, District Dungarpur (“Trial Court”), whereby the Trial Court had partly allowed the application for interim maintenance filed by the respondent-wife. The Trial Court had directed the petitioner-husband to pay a sum of Rs 5,000 per month as interim maintenance.
As per the petitioner, the couple got married in February 1976 and have been living separately since 1986 (36-years).
Advocate Mohit Singhvi who appeared for the husband argued that the present petition under section 125 of Cr.P.C. filed in the year 2021, is clearly an abuse of the process of law as the petitioner and the respondent got married on 17.02.1976 and have been living separately since 1986.
He further argued that the Trial Court has treated petitioner’s income to be Rs 1,00,000 whereas his return of income tax shows that his income is approximately Rs 40,000 per month.
Rajasthan High Court
The Rajasthan High Court observed that the husband, who admittedly earns Rs 40,000 per month, cannot be absolved of his obligation to pay interim maintenance, merely because the wife has chosen to file the application after 36-years of separation.
Justice Dinesh Mehta, dismissed the husband’s petition and said,
In the opinion of this Court, an order under section 125 of Cr.P.C. is in the nature of interim maintenance and husband, who admittedly earns Rs 40,000 per month cannot be absolved of his obligation to pay interim maintenance, merely because the respondent – wife has chosen to file the application after 36 years of separation.
The court also refused to interfere in the present petition on the ground that the petitioner has failed to point out any jurisdictional error or apparent error on the face of record and moreover, a meagre sum of Rs 5,000 has been ordered to be paid.
Further, the court noted that the fact as to whether the petitioner and the wife are living separately since 1986, so also the circumstances in which respondent has filed the petition for maintenance, are yet to be finally determined by the Court concerned.
ALSO READ –
READ ORDER | Issue Of Adultery To Be Decided Later, Not During Grant Of Interim Maintenance To Wife: Delhi High Court
Woman Approaches Court For Protection In Live-In Relationship By Lying About Her Marital Status
Jaipur Family Court Grants Divorce To 400 Couples During Lockdown; 40% Marriages Between 1-3 Years
Husband Can Be Jailed For Extra-Marital Affair Under Sec 498A | Was Adultery Decriminalised Only For Wives?
ALSO WATCH –
Ashwini Upadhyay Wants Computerised Calculation For Maintenance To Women | Who Will Check Perjury?
Join our Facebook Group or follow us on social media by clicking on the icons below
Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.
We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.
To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.
Alternately, you can also donate to us via our UPI ID: [email protected]
Leave a Reply