Panasam Akshara | Delhi HC
Justice Purushaindra Kumar Kaurav observed,that the husband had challenged an order of Family Court West,partly allowing his wife's application under Sec-125 of CrPC and granting Rs.10000 per month as maintenance.The husband argued that he was unemployed and his wife is well qualified as well as earns a handsome income so she was not entitled for maintenance.Delhi High Court noted that the husband has to maintain 3BHK and pay rent of Rs.12000 excluding electricity bill of Rs.2000.It noted that the husband has an expenditure of Rs.35210 and his gets a dividend income from mutual funds.The court viewed that petitioner husband cannot escape from the maintenance liability saying that he does not have source of income in the present case.The marriage between parties took place on 25 October,2015.Soon after due to family disputes they got separated and the wife has filed an application under Sec-125 of CrPC with Family Court.The wife stated that her husband harassment at matrimonial house has caused mental agony and also narrated various instances in this regard, she mentioned that he works as a Graphic Designer in NIIT Company and earns Rs 40000 per month.She further added that the husband gets a rental income of Rs 40000per month and his mother receives pension of Rs.25000 per month and he was the only son.She prayed to grant a sum of Rs 40000per month as maintenance and Rs.25000 as legal expenses.The husband stated that his wife herself was guilty of causing mental trauma and torture to him,and she left the house without any justification also made a false complaint before CAW cell.The High Court observed that it is sacrosanct duty of husband to render financial support and there is no route to escape unless there is an order from court that wife is not entitled to get maintenance from husband on any legally permissible grounds.The plea was accordingly dismissed.Delhi High Court has observed that in matrimonial cases the parties often don't disclose the actual income to court to avoid liability of maintenance.Thus it is open for court to determine maintenance based on status and lifestyle of parties.