Are you a citizen of India? Do you constantly read how women in India are oppressed and don’t have rights? Well, you will believe only what you read, because most often English media fails to highlight the complete insensitivity and inhuman laws against husbands in India.
Here’s one such case reported from the Gujarat High Court.
A division bench of Justices JB Pardiwala and Niral Mehta was hearing an appeal of the wife who wanted to live with her husband after he obtained divorce from family court.
The wife had challenged the decision of family court in the High Court. In her appeal, the woman contested her right to live in her matrimonial home with the husband. The wife has been living separately with her son since 2014 and according to her, the son does not even recognise his father.
However, according to the husband, his ex-wife has been already involved with other men.
Gujarat High Court
The high court bench shocking quoted,
Even if the wife is having an illicit relationship, she cannot be denied maintenance.
The bench was of the opinion that if the husband does not want to live with his wife, he must still pay her maintenance. The bench also suggested that the woman must take her maintenance and get separated, as her husband was not interested in living with her.
On part of the child, the High Court observed that the father cannot be relieved of the responsibility of his son. Whatever may be the illicit relationship of the wife, the husband cannot deprive her of maintenance.
Wife Entitled To Maintenance Even If She Is Earning Four Times Than That Of Husband
The husband’s lawyer argued that his client’s ex wife earned twice as much. He also contested that her demand for maintenance/alimony was solely with the intention of harassing his client (husband).
To this, the Bench observed that the wife is entitled to maintenance even if she earns four times more. The bench added,
If you pay up one time lumpsum, you will be relieved faster.
The man has offered Rs 8 lakh one time expense for his son’s education.
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