IndiaShe expends life for family... Heartwarming remarks of the court for the...

She expends life for family… Heartwarming remarks of the court for the women taking care of the house


Highlights

  • Delhi High Court’s comment for women taking care of the family
  • Said, wife is capable of earning, this is not a ground for refusing maintenance
  • Court said – sometimes wives leave their careers only for the sake of family

New Delhi
The High Court has made important remarks regarding the women who spent their lives in handling the husband, children and the entire family. The Delhi High Court held that the wife is capable of earning, it cannot be a ground to deny interim maintenance to the wife. The court further observed that sometimes wives leave their careers only for the sake of family.

Justice Subramaniam Prasad made the remarks while hearing a petition. In this, a husband had challenged the decision of giving Rs 33,000 a month as interim maintenance to his wife under section 125 of CrPC. The judge emphasized that the object of this provision of CrPC is to alleviate the suffering and financial distress of a woman who has left her husband’s house and that some arrangement should be made for maintenance of her and her child. Can you

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The High Court rejected the contention of the petitioner that his wife was able to earn as she was earlier a teacher. The Court clearly observed, “The fact that the defendant is capable of earning is no ground for denying interim maintenance to the respondent.” Sometimes wives give up their careers just for the sake of family.

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The High Court also rejected the husband’s argument that being an officer of the Army, the claim of maintenance should be settled by the Armed Forces Tribunal under the orders of the Army. Upholding the trial court’s order granting interim maintenance, the High Court said, “It cannot be said that the order of the Army would be in contravention of the provisions of Section 125 CrPC and the Army personnel would come only under the orders of the Army and Section 125 of CrPC will not apply to Army personnel.

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However, the High Court reduced the amount given to the woman to Rs 14,615 a month as the children were not living with her. In his petition, the husband had opposed the interim maintenance on the ground that the wife was related to his senior army officer. However this could not be proved. The wife argued that the petitioner was an irresponsible person and when she decided to live separately, he had leveled adultery charges to avoid maintenance.

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