‘Dependent parents no excuse to not pay wife maintenance’

‘Dependent parents no excuse to not pay wife maintenance’

High Court Orders Petitioner To Pay Wife ₹20,000 Every Month

Ajay.Sura@timesgroup.com

Chandigarh:11.11.2021

The Punjab and Haryana high court has made it clear that a person cannot be absolved of the liability to maintain his estranged wife and minor children on the ground that he is responsible for his parents who are entirely dependent on him.

“Even if the parents of the petitioner are dependent upon him, it will not absolve him of his liability to maintain his wife and the minor children. The wife and minor children are entitled to reasonable standards of living which are commensurate with the income and status of the petitioner,” Justice Vivek Puri held while dismissing a petition filed by a resident of Haryana’s Kaithal district, who is presently serving as a constable in the Border Security Force (BSF).

The petitioner had challenged the legality and validity of the order dated September 21, 2021, passed by the principal judge, family court, Hisar, through which he was ordered to pay Rs 20,000 every month as maintenance to his estranged wife and their two minor children.

The family court had passed the orders after allowing the application filed by the wife under Section 125 of CrPC seeking maintenance allowance. The wife had argued that she does not have any independent source of income. It was stated that the petitioner is an employee of BSF and earns Rs 47,332 per month. According to the wife, she also has the responsibility of two minor daughters.

The couple in this case was married for a long time and had two daughters. A matrimonial dispute had cropped up between them and both were residing separately.

Aggrieved from the family court orders, the petitioner had approached the HC. His main argument was that his parents are dependent upon him and the interim maintenance awarded by the family court in favour of the wife was on the higher side. He also argued that his wife is a skilled lady having qualifications from ITI.

After hearing the petition, the high court dismissed the husband’s plea observing that the order of the family court cannot be termed to be excessive or not commensurate with the income of the petitioner and does not warrant any interference by this court. With this, the petitioner has to pay Rs 20,000 per month to the wife as per the family court orders.