Debangana Ray
Published on August 1, 2022 at 18:11 IST
The Delhi High Court observed that rejection of maintenance application and pendency of divorce proceedings does not dis-entitle a wife from seeking maintenance under Section 125 of the CrPC.
The Bench consisting of Justice Yogesh Khanna was dealing with a petition filed by a husband challenging the pending maintenance petition and the order passed by the family court.
According to the husband, the impugned order and maintenance petition is in violation of the consent order clarified by the Division bench of High Court and judgement passed by the supreme court.
The court stated, “where the petitioner had himself violated the consent order with impunity, he cannot say the respondent has no right to seek the remedial measures. Admittedly, he has not paid any maintenance to the respondent for the last two years on the pretext he is making payment of school fee.”
The court further added, “If he had any reservations, he could have intimated the Hon’ble Supreme Court at the time he volunteered to make payment of school fee of his children”
“Later, he cannot allege because of school fee he is unable to pay any amount to his wife. The petitioner had stopped making payment of maintenance of respondent and thus finding no other alternative, the respondent moved an application under Section 125 CrPC.”
The Court found no fault in the actions of the wife but in turn it is the husband who had failed to comply with the consent order. Hence, he had no ground to ask the wife to obey the consent order.
Accordingly, the Court directed the trial court to re-fix the wife’s maintenance with effect of order of Supreme Court.
The Court said, “… hence her maintenance be fixed again in view of these changed circumstances. pending application(s), if any, also stands disposed of.”