Tanvi Pilane
Published on: March 14, 2022 at 12:11 IST
The Rajasthan High Court recently ruled that just because the Wife opted to bring the Suit after 36 years of Marriage, the Husband, who earns Rs. 40,000 a month cannot be excused from paying Interim Maintenance.
The Appeal was filed by the Petitioner, the Husband, under Section 482 of the Code of Criminal Procedure, 1973, against the order of the Trial Court which allowed interim maintenance to the Wife.
The Husband had been ordered to pay Rs, 5,000 Interim Maintenance per month by the Trial Court.
The Petitioner stated that being married on 17 February, 1976, they had been living apart since 1986, for 36 years.
Justice Dinesh Mehta dismissed the Petition and issued an order under Section 125 of the Code of Criminal Procedure, 1973 stating that the husband who earns Rs. 40,000 per month cannot be absolved of the obligation to pay interim maintenance only because the application was filed by the wife after 36 years of marriage.
The Court also noted that the circumstances under which the Petition for support was filed by the Respondent and the legitimacy of the fact that the Appellant and his wife were living apart for 36 years still need to be looked into by the Trial Court.
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