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(Guest)

Whether maintenance can be refused to wife on ground that sh

Whether maintenance can be refused to wife on ground that she is earning?

 
The only reason assigned by the Courts below for not
awarding any amount of maintenance to the wife is that she being a Notary
Public had a good income and if she is earning, then the husband should not be
fastened with the liability of maintaining his wife.  In my view, both the Courts
below have committed a serious error of law resulting in  miscarriage of justice.

The wife may be earning in thousands, but that would not absolve the husband
from his legal liability to maintain his wife. 
7.   The Supreme Court in the case of Bhuwan Mohan Singh Vs. Meena,
reported in 2014 Criminal Law Journal 3979  observed as under:­
"3. Be it ingeminated that Section 125 of the Code of Criminal Procedure
(for short “the Code”) was conceived to ameliorate the agony, anguish,
financial suffering of a woman who left her matrimonial home for the
reasons provided in the provision so that some suitable arrangements can
be made by the Court and she can sustain herself and also her children if
they are with her. The concept of sustenance does not necessarily mean to
lead the life of an animal, feel like an unperson to be thrown away from
grace and roam for her basic maintenance somewhere else. She is entitled
in law to lead a life in the similar manner as she would have lived in the
house of her husband. That is where the status and strata come into play,
and that is where the obligations of the husband, in case of a wife, become
a prominent one. In a proceeding of this nature, the husband cannot take
subterfuges to deprive her of the benefit of living with dignity. Regard
being   had  to   the  solemn  pledge  at  the   time   of  marriage  and   also   in
consonance   with   the   statutory   law   that   governs   the   field,   it   is   the
obligation of the husband to see that the wife does not become a destitute,
a beggar. A situation is not to be maladroitly created whereunder she is
compelled to resign to her fate and think of life “dust unto dust”. It is
totally   impermissible.   In   fact,   it   is   the   sacrosanct   duty   to   render   the
financial  support even if the husband is required to earn money with
physical labour, if he is able bodied. There is no escape route unless there
is an order from the Court that the wife is not entitled to get maintenance
from the husband on any legally permissible grounds.
It shall be open for both the parties
to put forward all contentions available in law, except the contention that the wife is
earning. 
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 18957 of 2015
WITH
 SPECIAL CRIMINAL APPLICATION NO. 1072 of 2012

SIMABEN MAHESHBHAI SONI
V
STATE OF GUJARAT & 7

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 21/10/2015
https://www.lawweb.in/2016/09/whether-maintenance-can-be-refused-to.html


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 September 2016

Eligible for earning by a wife is not eligible for maintenance

Kumar Doab (FIN)     11 September 2016

Thanks for posting.

Subhomoy Das (Retail Manager)     12 September 2016

I had a querry.   

My friend have filed for a divorce against his wife on ground of cruelty & desertion as his wife left her matrimonial home 5 yrs back. They got one child. My friend is not working presently as he is mentally shattered and down. He is joining in some small orgn but couldnt continue his service due to different reasons... which are his mental agony , leading to his deteorating health conditions, lack of concentration etc. His wife is presently working in a Govt Project school for last 4 yrs. His wife is earning Rs. 18000/- + other benefits p.m. Wife school is a residential school. So wife is staying in the school Hostel where free lodging, fooding, electricity, are provided to the boarders ( students & teachers). So Basically his wife is earning Rs. 18000/- + other allowances + free fooding, lodging, electricity  per month. The kid ( son 4 yrs old ) is also staying with his mother ( wife) at the School Hostel. Presently my friend is jobless and is searching for jobs. In private sector. 

Now as my friend have filed for divorce case against his wife ( friend tried his level best in convincing his wife to return back to her matrimonial house for last 5 yrs but failed)  he is expecting that wife may file Sec 125 Crpc in order to claim maintenance. My firend is ready to pay the maintenance for his son but not for wife. Wife joined school service after marriage at near her parents home. School is a residential school.

 

My question is under the given situation if Wife files for Alimony / Maintenance for herself then does my friend is liable to pay maintenance to his wife as per law ? My firend is ready to pay maintenance for his son but not for wife.

 

Please advice.

 

 


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