Maintenance Case: After divorce, the wife has the right to get alimony and the court also helps in this. But many times the wife sits with an impractical demand, on which the court dismisses the petition expressing displeasure. The same thing happened in this case.
If the relationship between husband and wife deteriorates in married life, then the door of the court is often knocked. One such case reached the Delhi High Court, where the wife requested her railway worker husband to get Rs 20,000 every month. The wife claimed that her income is very low and she could not spend the expenses. But when the court asked for evidence of his income, she could not produce any strong documents. In such a situation, the High Court clearly said that this demand of the wife without concrete evidence cannot be valid. Let’s know, the whole matter.
The woman is living in her mother -in -law, leaving her in -laws
The woman was married to the railway worker on 27 November 2009 with Hindu customs. A daughter was born on 28 August 2010. The wife alleged that she used to torture her husband and in -laws mental, features, since marriage. Used to harass financially. He was forced to come to his maternal home. She is raising the girl by staying in the maiden. The woman applied for maintenance allowance like Section 125 CRPC. In the family court, she filed an application and told that her husband earns about 50-60 thousand rupees every month. So he demanded a monthly allowance of 30 thousand rupees, in which 20,000 rupees were for herself and Rs 10,000 for the girl.
Family Court verdict
The family court rejected the wife’s demand and fixed the monthly alimony of Rs 16,000 for the girl. The husband, who is working in the Indian Railways and earning around Rs 58,000 monthly, was ordered to be given this amount for daughter’s expenses every month.
Appeals and arguments in Delhi High Court
The wife said that she works as a temporary teacher in a government school in Uttar Pradesh, and earns Rs 10,000, of which Rs 5,000 goes on rent. At the same time, husband is earning 60-70 thousand rupees and is leading a luxurious life. But the husband argued that the wife had hidden her real income from the court and left her in -laws without any reasonable reason.
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High Court order
Justice Swarna Kant Sharma, while looking at the witnesses and evidence, said that the wife did not produce her recent income documents in the court nor gave any reasonable reason. But his old Income Tax Return (ITR) has shown that he had declared an income of Rs 4 lakh. That is, his income was much higher than the income mentioned in the court. The court also said that the wife has hidden her financial situation and did not prove with it that if the alimony is not received, she cannot handle herself. Therefore, the wife cannot get alimony.
Allowance for girl child remains intact
The High Court also clarified that the child’s alimony is independent of the parents’ dispute and the father’s responsibility is to bear the expenses of raising the daughter. The monthly allowance of Rs 16,000 is appropriate and equitable according to the husband’s income.
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