Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High Court
The Jharkhand High Court has held that awarding unrealistically high maintenance in cases involving individuals employed in the unorganised sector can lead to difficulties in realising the maintenance amount.In the case at hand, an order of maintenance was passed, awarding Rs. 3000/- to the wife of the petitioner and Rs. 1000/- each to his three children. A criminal revision petition was...
The Jharkhand High Court has held that awarding unrealistically high maintenance in cases involving individuals employed in the unorganised sector can lead to difficulties in realising the maintenance amount.
In the case at hand, an order of maintenance was passed, awarding Rs. 3000/- to the wife of the petitioner and Rs. 1000/- each to his three children. A criminal revision petition was filed challenging this order.
Justice Gautam Kumar Choudhary presiding over the case, observed, “Having considered the submissions and on perusal of the materials on record, it is undisputed that the petitioner was working as labour with Rs.300/- per day wages. It has also been stated that he was also earning by labour and contract works. The assessment of income of labour, considering the seasonal nature of work and the wages being paid, appears to be excessive and unrealistic. In cases, where unrealistic high maintenance is awarded in cases of persons employed in unorganized sector, the realization of maintenance amount itself becomes a problem,” Justice Choudhary added.
The counsel on behalf of the petitioner submitted that from the impugned order itself, it was apparent that as per the pleading and evidence, the petitioner was a daily wage labourer. He further pointed out that no oral or documentary evidence was stated in the impugned order to justify maintenance of Rs. 6000/-, which had been saddled on the petitioner.
On the contrary, the trial court had noted that the petitioner was a daily wage labourer earning Rs. 300/- per day. Taking this as the daily wage of the petitioner, his monthly income would work out to Rs. 7500/-, assuming 25 working days each month, the counsel added.
The court thus directed, “Under the circumstance, the maintenance awarded in favour of wife is reduced to Rs.2000/- and there will be no interference in the maintenance as awarded in favour of minor children,” while disposing of the criminal revision petition.
Case Title: Mithun Nonia @ Mithun Mahto V. The State of Jharkhand
LL Citation: 2024 LiveLaw (Jha) 130