Husband Legally and Morally Bound to Maintain Wife : Hon MM Mona Tardi Kerketta


Husband Legally and Morally Bound to Maintain His Wife: Delhi High Court

Posted On March 10, 2015

A man working as a disc jockey (DJ) has been asked to pay interim maintenance to his estranged wife by a Delhi Court which observed that the husband is legally and morally bound to maintain her.”He being the husband of complainant (woman) is legally and morally bound to maintain her and cannot shirk his responsibility towards her,” Metropolitan Magistrate Mona Tardi Kerketta observed in a case of domestic violence filed by a woman seeking interim maintenance from the husband.

The court directed the husband to pay Rs 5,000 as interim maintenance to his wife while observing that his monthly income is around Rs 10,000, which could go up to Rs 12,000 during season of wedding or party.

“The details mentioned in bank statement show that the income of respondent (husband) is more than what he claims. Admittedly, he is residing in his own house and does not have to pay rent. He has claimed to be spending Rs 2000­-4000 per month in litigation, which is not possible for a litigant having income of Rs 10,000 to Rs 12,000 only,” the court said. It noted that the husband has either mentioned incorrect and exaggerated information in his profile or “concealed true facts from the court.”

The court, however, refused to go into the allegations and counter-allegations levelled by husband and wife, saying all aspects will be dealt with at the evidence stage. The woman, in her complaint, claimed that the monthly income of her husband was around Rs 40,000 to Rs 50,000 while she was unemployed.

She claimed that her husband has no other liability except to maintain her. On the other hand, the man claimed that woman has been running a boutique from her house and is earning Rs 15,000 to Rs 20,000 per month and does not require maintenance as she has suppressed material facts

source :

© Legal India


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