Wife Stitching Clothes Domestically Entitled To Maintenance; Welder-Husband Is Like Skilled Workman With Sufficient Income: Rajasthan High Court

The court also opined that even if the petitioner-wife is stitching clothes domestically and has some income source, then also the husband is liable to pay maintenance to the wife along with her two children.

Dr. Justice Pushpendra Singh Bhati, while allowing the criminal revision petition, observed,

"This Court, after hearing the submissions and analyzing the record of the case, is of the firm opinion that even if the petitioner-wife is stitching clothes domestically then also she is entitled to get the maintenance. The respondent No.2-husband is a welder, which is almost like a skilled workman, and thus, it cannot be presumed that he is not earning sufficiently to maintain the petitioner-wife, even if the petitioner-wife has some income source, then also there are three family members whom the respondent No.2-husband is liable to maintain. In the given circumstances, it is a fit case for grant of maintenance to the petitioner-wife."

Essentially, the case of the petitioner-wife is that she along with her two children, are living separately with husband and had sought maintenance, which was partly allowed by the Family Court and the children were granted maintenance to a sum of Rs.3000/- per month each. However, maintenance was not granted to the petitioner wife as she knew tailoring job and was stitching clothes for the ladies at domestic level. Aggrieved by the same, the wife has filed the present criminal review petition before the High Court.

The court was informed that the maintenance awarded to the children has not been paid after the impugned order was passed.

In this regard, the court directed that the petitioner-wife shall also be paid the monthly maintenance to a sum of Rs.3000/- from the date of filing of the initial application. However, the court clarified that the monthly maintenance of the children awarded earlier shall remain as per the impugned order passed by the Family Court.

Adv. Kuldeep Sharma appeared for the petitioner while Adv. Mukesh Trivedi and PP Mahesh Khayani appeared for the respondents.

Case Title: Sarvjeet Kaur v. State of Rajasthan & Anr.