Punjab and Haryana High Court junks ‘capable’ wife’s plea for hike in maintenance

Saurabh Malik

Chandigarh, June 11

In a significant judgment, the Punjab and Haryana High Court has made it clear that there were no grounds to enhance the maintenance for a woman having adult sons, presumably capable of supporting her, and who is qualified and physically fit to work.

The court reached the decision after considering various factors, including the petitioner’s educational background and physical capabilities, along with the fact that her adult sons living with her were likely providing support. Consequently, the court dismissed the petition, finding no justification to interfere with the lower court’s maintenance order.

The matter was placed before Justice Nidhi Gupta after the wife challenged an order passed in July last year by principal judge, family court, granting monthly maintenance of Rs 7,500 on her application under Section 125 of the CrPC.

Appearing before Justice Gupta’s Bench, her counsel among other things submitted that the respondent-husband was earning at least Rs 90,000 a month. As such, the final maintenance of only Rs 7,500 per month was on the lower side.

Referring to the case record, Justice Gupta observed that the husband was employed with the armed forces. The couple got married in January 1991. Three children, born out of the wedlock, had attained majority. Their daughter got married in 2016. Besides, it was admitted by her counsel that the couple was living separately since December 2008 due to matrimonial differences. But the petition under Section 125 was filed only in January 2019. The counsel had no reply to the court query as to how she was maintaining herself during the period. “It has also come on record that the petitioner is 12th pass and able-bodied, but admittedly the petitioner is not working,” Justice Gupta asserted. The Bench also took note of the husband’s reply to the application under Section 125, stating that his monthly earning was Rs 30,000, out of which he was paying Rs 15,000 as loan installments, Rs 5,000 to his aged mother and another Rs 5,000 to the wife. A false petition was filed to harass and pressurise him. He prayed for dismissal of the plea. “It is in this background that the family court granted the final maintenance of Rs 7,500 per month to the petitioner. It has further been admitted by the petitioner’s counsel that the two sons of the woman had attained majority and are currently living with her. It would not be far-fetched to assume that the petitioner’s sons would also be supporting her,” Justice Gupta asserted, while dismissing the plea.