Chaini Parwani
Published On: December 24, 2021 at 10:59 IST
The Delhi High Court observed that an estranged wife cannot be denied Interim Maintenance on grounds that she is capable of earning as several times wives sacrifice their career only for the family.
Justice Subramonium Prasad, while hearing a man’s challenge to Trial Court Order stated that the object behind the provision under Section 125 Criminal Procedure Code, is to prevent vagrancy and destitution of a deserted wife and bring down her agony and financial sufferings.
A Trial Court in its Order had granted over Rs.33,000 as Interim Maintenance to his Respondent Wife.
Further Justice Prasad stated “The fact that the respondent is capable of earning is also no ground to deny Interim Maintenance to the respondent herein. Many times wives sacrifice their career only for the family.”
Furthermore, while upholding the Trial Court’s Verdict to grant Interim Maintenance in the case, the Court deducted the amount granted to the wife on account of the fact that the children were no longer residing with her.
The Petitioner opposed the grant of Interim Maintenance on the ground that his wife was disqualified from getting that benefit as she was living in Adultery with his Army Senior.
The Respondent wife submitted that the Petitioner had accused her wildly of Adultery to avoid paying Maintenance to her.