The Delhi High Court is its recent order has refused denying maintenance to a woman “being capable of earning”. The high court noted that being capable of earning is no ground to deny an estranged wife interim maintenance as many a times wives sacrifice their career only for the family.
Justice Subramonium Prasad, who was dealing with a man’s challenge to a trial court order granting over Rs 33,000 as interim maintenance to his respondent wife under Section 125 Criminal Procedure Code, stated that the object behind the provision was to prevent vagrancy and destitution of a deserted wife and bring down her agony and financial sufferings.
The judge rejected the petitioner’s submission that his wife was capable of making a living as she was previously employed as a teacher and said,
The fact that the respondent is capable of earning is also no ground to deny interim maintenance to the respondent herein. Many times wives sacrifice their career only for the family.
Case:
The marriage of the Petitioner was solemnized on 22.12.2002 according to Sikh rites and rituals in accordance with the Hindu Marriage Act, 1955. Out of the wedlock, they have two Children – 10 and 7 years old.
The husband, who is a colonel with the Indian Armed Forces, has been posted across the territory of India as a result of his service in the Army. The couple was peacefully married and residing happily together until 2015 where the petitioner alleges that he found that the wife was in an adulterous relationship with one of the petitioner’s senior in the army, who was married and close with the family as well.
In July 2015, it is stated that the Petitioner found out that the Respondent was in an amorous relationship with the superior/family friend of the Petitioner. The Petitioner admittedly checked the Respondent’s phone and discovered on her WhatsApp, certain chats which were lascivious in nature, with the Petitioners superior which was recorded by him to confront the Respondent – wife on her actions.
The husband opposed the grant of interim maintenance on the ground that the respondent was disqualified from getting that benefit as she was in an adulterous relationship and was living in adultery with his army senior.
It is stated that the wife tried to apologize numerous times but the same was not accepted by the Petitioner and all attempts of reconciliation made by her had failed. It is thereafter that the wife filed a slew of cases against the husband claiming different reliefs from him. Given below are the cases that the Respondent has filed against the Petitioner.
- Maintenance Petition under Section 125 Cr.P.C.(MT-78 of 2018) filed before the Family Court, Tis Hazari which has cumulated in the present Revision Petition
- Guardianship Petition (G.P. 45 of 2015) u/s 9 of the Guardianship & Wards Act, 1890 filed before the PDJ, Family Court, Tis Hazari
- Guardianship Petition No. 5 of 2015 before the Family Court in Bikaner, Rajasthan
- Transfer Petition (Civil) 602 of 2016 before the Hon’ble Supreme Court of India
- Domestic Violence case criminal complaint No. 197/01/2015
- Civil Suit No. 9987 of 2016 before the District Judge, Tis Hazari
- HMA No. 97 of 2016 before the Family Court, Tis Hazari
Respondent Wife
The respondent argued that there was no infirmity in the trial court order granting maintenance of Rs 35,300 and claimed the petitioner could not escape his responsibility even though their marriage fell apart.
She submitted that the petitioner was an uncaring spouse who neglected her and the children throughout the marriage and when she decided to live separately, he foisted the wild charge of adultery to avoid paying maintenance to her. Once
Delhi High Court
The court rejected the husband’s contention that being an army officer, the maintenance claim would have to be decided in accordance with the Army Order by the Armed Tribunal. In its order dated December 21, the high court noted,
It cannot be said that the Army Order would over-ride the provisions of Section 125 CrPC and that the Army personnel are covered only by the Army Order and that Section 125 CrPC would not apply to Army Personnel.
While upholding the trial court’s decision to grant interim maintenance in the case, the court however reduced the amount granted to the wife on account of the fact that the children were no longer residing with her. The court ordered,
The revision petition is allowed in part. The petitioner is directed to pay a sum of Rs 14,615 per month as interim maintenance to the respondent herein w.e.f 01.01.2017.
The material on record discloses that the children are with the petitioner herein from 2015 and, therefore, the respondent is not entitled to two shares. The respondent is, therefore, entitled to only one share.
Adultery Charge
The court said the issue of adultery could be decided only after evidence is tendered by both the parties and at the time of fixing interim maintenance, it was not inclined to go into it. However, the high court remarked that if the charges of adultery are proven at a later stage, the trial court may reverse the amount.
The court ordered,
A perusal of the above mentioned paras does not conclusively prove that the respondent has committed adultery or is living in adultery. The issue as to whether the respondent is living in adultery or not can be decided only after evidence is lead by both the parties.
At the time of fixing interim maintenance this Court is not inclined to go into this question at this juncture.
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 and destitution of a deserted wife.
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The so called institution of “Justice” is misusing it’s power and rewarding the “person at fault” using any technical and moral argument in the name of social justice. The man already submitted the proofs of wrongdoing but still courts don’t consider them as “enough” and just a vague statment by wife is enough to declare her “purity” and “truthfulness”, day after day hearing such silly arguments from “MiLords” has reduced the belief of many people especially the men in the “courts” when they know by default they are going to be penalized in the name of “duty” and “responsibility” and the victim just because she hypothetically “sacrificed” by marrying someone with higher income irrespective of their wrongdoings. At the end of the day feminists through targeted campaign have successfully brainwashed so called “educated woman” and manipulated the political and Judicial system all around the globe and started the gender war. Now men have to rise up and take back the control by completely rejecting the institution of so called marriage which in India take advantage of projecting itself as religious and sacred but in actuality is just a contract which favour only wives and form pressure group and vote in a block which I can see looks impossible, other side is the victims can unite all across India and bring this government and judiciary to its knees through very targeted “campaign” against each and everyone from lawyer judges police and complainers. Otherwise like in West slowly they will take everything in their control.