Wife Being Capable Of Earning No Ground To Deny Her Interim Maintenance, Many Time Wives Sacrifice Their Career Only For Family: Delhi High Court

[23 December 2021]
The Delhi High Court has observed that the fact that a wife is capable of earning is no ground to deny interim maintenance to her opining that many time wives sacrifice their career only for the family. Justice Subramonium Prasad also observed that the object of sec. 125 Cr.P.C is to bring down the agony and financial suffering of a women who leave her matrimonial home so that some arrangements could be made to enable her to sustain herself and her child. The observations came while the Court was dealing with criminal revision petition filed by a husband, an Indian Army Colonel, challenging a Family Court order wherein he was directed to pay a monthly maintenance of Rs.33,500 to his wife. It was thus the case of the petitioner husband that there were glaring inconsistencies in the impugned order as a result of suppression of facts made by the wife. It was argued that the wife is to be disqualified from being given maintenance as she was in an adulterous relationship and was living in adultery with one of his army seniors.