Can an Unemployed Husband be Directed to Pay Maintenance to his Wife?
#Husband #Maintenance
Termination of service, according to Tis Hazari Court, Delhi, does not imply that the husband is unable to find new employment, and it does not absolve him of his responsibility to maintain his wife.
A criminal appeal was filed under Section 29 of the Protection of Women from Domestic Act, 2005, against a judgement in a complaint case ordering the appellant to pay interim maintenance of Rs 5,133 a month to the respondent-wife from the date of the petition’s filing until its final disposition.
The complainant filed an application under Section 12 of the Act against the appellant and his family members, as well as an application under Section 23 of the Act for interim maintenance.
For bringing insufficient dowry, the complainant claimed she was subjected to physical and mental torture.
The complainant departed the shared household in October of 2013.
The complainant also claimed that the appellant was earning more than Rs 50,000 per month and was enjoying a lavish lifestyle.
The complainant has returned to her parents’ home.
The complainant is wife of the appellant. It is trite to state that it is the moral and legal obligation of the appellant to maintain his wife and provide her same comforts commensurate to his status and standard of living.
Furthermore, the Court stated that the appellant’s termination of service does not imply that he or she is unable to acquire new job or labour.
The appellant indicated in the aforementioned statement that his monthly expenses were roughly Rs 5,600 and that his mother was his dependent, albeit he did not explain the source of his income.
The appellant holds a bachelor’s degree. He is a capable and skilled photographer. He lives in a wealthy Delhi suburb in an ancestral mansion. He does not have any physical limitations that restrict him from working.
The Court stated that he cannot absolve himself of his responsibility for interim support to the complaint by claiming unemployed.
The Court saw no reason to overturn the assailed order paying the wife a pittance of Rs 5,133 per month in interim maintenance.
Dr. Ajay Kummar Pandey
Advocate, Supreme Court of India
+91 98183 20572
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Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )
Advocate & Consultant Supreme Court of India, High Courts & Tribunals.
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