S.125 CrPC | Wife Not Disentitled To Claim Maintenance Merely Because She Seeks Divorce: Delhi High Court
The Delhi High Court has recently observed that a wife cannot be disentitled from claiming any maintenance merely because she seeks divorce after having left the company of her husband due to sufficient reasons.
Justice Amit Mahajan further reiterated that merely because the wife is educated cannot be a ground to deny her maintenance.
The court dismissed the plea moved by a husband challenging a family court order passed in November 2022, awarding monthly maintenance of Rs. 5,500 to the wife.
It was also directed that the maintenance amount will be increased by 10% after every two years in view of the inflation. The Family Court had also awarded litigation expenses of Rs. 12,000 in favour of the wife.
While the husband had admitted his income as Rs. 13,000 per month, the Family Court assessed the same as Rs. 16,000 per month on the basis of the minimum wage in Delhi.
It was the wife's case that her husband was a drunkard who used to beat her and that he and his family members harassed and taunted her for insufficient dowry. She also alleged that the husband neglected to maintain and bear her expenses, despite having sufficient means.
Rejecting the plea, the court noted that the family court found the wife's testimony to be credible and more trustworthy and there was no reason to interfere with the said observation merely on account of certain minor discrepancies in her testimony.
Justice Mahajan reiterated that there is a tendency to downplay the income when a person is embroiled in a matrimonial dispute and that even income tax returns do not necessarily provide an accurate reflection of the actual income in such cases.
“There is no material on record to show expenses incurred by the petitioner towards his parents as well. Merely a bald averment of the petitioner that he was living with his parents is insufficient,” the court said.
It added that it was incumbent on the husband, who was an able-bodied man, to financially support his wife and that no evidence was adduced by him to show that she was capable to maintain herself.
Title: MANISH v. STATE OF NCT OF DELHI & ANR.