Munmun Kaur
Posted On: February 03, 2022 at 13:27 IST
Punjab and Haryana High Court observed that taking care of family is a man’s moral responsibility and he cannot shirk it. The High Court also made it clear that a wife’s financial status for the purpose of granting maintenance was required to be determined on the date of filing the Plea for the purpose.
Justice Suvir Sehgal was hearing two Petitions filed by an estranged couple against an Order of the Family Court, dated August 18 last year, directing the husband to pay interim monthly maintenance of Rs. 5,000 to each of the Claimants. The husband pleaded the Order to be set aside, whereas the wife pleaded for enhancement and modification of the maintenance awarded.
The husband contended that the wife was getting a monthly salary of Rs. 26,650 from a private school. Although, the Court noted that the certificates appended with his Petition pertained to 2014 and the bank statement was from 2016.
Justice Sehgal observed that the financial status of the wife has to be determined on the date when the Petition under Section 125 of the Code of Criminal Procedure is filed. However, there was nothing on record to show that the wife in the present Case continued to draw the same salary as was claimed by the husband.
The High Court asserted that the husband in the present case was of means and had sufficient income to support the Claimants.
Justice Sehgal said, “Even otherwise, it is the moral obligation of a man to take care of his family and he cannot shirk it. This court is of the view that award of interim maintenance of Rs. 5, 000 per month for each of the Claimants cannot be said to be unreasonable or excessive”.
The High Court held that there was no illegality or perversity in the impugned Order passed by the Family Court, which called for interference in the matter. Therefore, the Petition was dismissed.
