Wife Being Capable Of Earning No Ground To Deny Her Interim Maintenance, Many Time Wives Sacrifice Their Career Only For Family: Delhi High Court

The Delhi High Court has observed that the fact that a wife is capable of earning is no ground to deny interim maintenance to her opining that many time wives sacrifice their career only for the family.

Justice Subramonium Prasad also observed that the object of sec. 125 Cr.P.C is to bring down the agony and financial suffering of a women who leave her matrimonial home so that some arrangements could be made to enable her to sustain herself and her child.

The observations came while the Court was dealing with criminal revision petition filed by a husband, an Indian Army Colonel, challenging a Family Court order wherein he was directed to pay a monthly maintenance of Rs.33,500 to his wife.

It was thus the case of the petitioner husband that there were glaring inconsistencies in the impugned order as a result of suppression of facts made by the wife. It was argued that the wife is to be disqualified from being given maintenance as she was in an adulterous relationship and was living in adultery with one of his army seniors.

It was also submitted that the wife was has to be disqualified from receiving maintenance on the ground that she was employed as a teacher previously and was making a living.

On the other hand, the respondent wife submitted that it was loveless marriage which resorted her to initiate divorce, custody and maintenance proceedings against the husband. It was also submitted that there was no infirmity in the impugned and that the revision petition was without any merits.

"The purpose of Section 125 Cr.P.C has been laid down by the Supreme Court in several judgments. The object of Section 125 Cr.P.C is to prevent vagrancy and destitution of a deserted wife by providing her for the food, clothing and shelter by a speedy remedy," the Court observed.

It also said that the amount given under sec. 125 of CrPC is taken into consideration before fixing maintenance in other proceedings like the proceedings under the Protection of Women from Domestic Violence Act, 2005, under sec. 24 of the Hindu Marriage Act etc.

"It cannot be said that the Army Order would over-ride the provisions of Section 125 Cr.P.C and that the Army personnel are covered only by the Army Order and that Section 125 Cr.P.C would not apply to Army Personnel," the Court said at the outset.

"The fact that the respondent is capable of earning is also no ground to deny interim maintenance to the respondent herein. Many a times wives sacrifice their career only for the family."

The Court was of the view that the allegation of the wife committing adultery or was living in adultery could not conclusively be proved and that the said issue can be decided only after evidence is lead by both the parties.

"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," the Court added.

Accordingly, partly allowing the petition, the Court directed the husband to pay Rs. 14,615 per month as interim maintenance to the wife w.e.f 01.01.2017.

However, the Court said that it was not inclined to disturb the portion of the impugned order which had directed the husband to pay a sum of Rs.9,000 per month to the wife herein w.e.f. date of filing of the petition till December, 2016.

Title: COL RAMNESH PAL SINGH v. SUGANDHI AGGARWAL

Click Here To Read Order