Court affirms Rs. 10,000 monthly maintenance for wife and children, dismissing husband's assertions of financial incapacity post-retirement.
In a significant ruling, the Delhi High Court has upheld the maintenance award granted by the Family Court to Seema Devi and her children, dismissing the petition filed by her husband, Vinod Kumar, who contested the financial support on grounds of his purported meager income. The court confirmed the Family Court's decision to award Rs. 10,000 per month to Seema Devi and Rs. 8,300 per month to their daughter until the son attained majority, with an increment of 10% every two years.
The petitioner, Vinod Kumar, had sought to challenge the maintenance order citing his voluntary retirement and reduced income as an agriculturist. However, the court observed that he is capable of earning given his educational background and physical ability, thereby reinforcing his obligation to support his wife and children.
Justice Amit Mahajan, presiding over the case, emphasized that the maintenance proceedings under Section 125 of the Criminal Procedure Code aim to prevent destitution by compelling those who can provide support to their dependents. The court dismissed the husband's claims of financial incapacity due to his voluntary retirement, noting that he was still receiving a pension and had other potential income sources.
The court also scrutinized the husband's assertion that the wife could sustain herself through rental income. However, it was found that the claimed rental income was insufficient, and the wife's financial situation warranted the maintenance award.
The judgment reiterated that an able-bodied husband cannot evade his financial duties by declaring low income, and the court can make reasonable assumptions about the income in such disputes. The decision reflects the judiciary's commitment to ensuring social justice and upholding the rights of women and children to financial support.
Bottom Line:
Maintenance under Section 125 CrPC - Sacrosanct duty of husband to provide financial support to wife and minor children - Husband required to earn money even by physical labor if he is able-bodied - Maintenance awarded to wife and children reasonable despite husband's claims of meager income and voluntary retirement.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Vinod Kumar v. Seema Devi, (Delhi) : Law Finder Doc id # 2866947
