Delhi HC: Wife capable of earning is no ground to deny interim maintenance

By Legal Wires 3 Minutes Read

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. The court remarked that many times wives have to sacrifice their careers just for the sake of the family.

Col Ramnesh Pal Singh v. Sugandhi Aggarwal

Single Judge Bench of Justice Subramonium Prasad observed that the purpose of section 125 CrPC is to bring down the agony and financial suffering of a woman who leaves her matrimonial home, enabling her to sustain her child and herself.

“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.

The court opined that the amount of maintenance set under sec. 125 CrPC is taken into consideration before fixing maintenance by the family court under the Protection of Women from Domestic Violence Act, 2005, proceedings under Section 24 of the Hindu Marriage Act etc.

The court was also in view that the allegation of the wife committing adultery could not be conclusively be proved.

The court directed the petitioner to pay a sum of Rs. 14,615/- per month as interim maintenance to the respondent herein w.e.f 01.01.2017.

However, This Court is not inclined to disturb the portion of the impugned order which has directed the petitioner herein to pay a sum of Rs.9,000/- per month to the respondent herein w.e.f. date of filing of the petition till December 2016.

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