The Punjab and Haryana High Court has said in an important comment that if a wife is a graduate, she cannot be denied Maintenance on this basis, as long as she has no income and is not in a profitable job.
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This comment was given by Justice Jas Jas Gurpreet Singh Puri during the hearing on the petition, in which a husband challenged the order of the Ludhiana Family Court. The Family Court had ordered the husband to give ₹ 9,000 to his wife under Section 125 of CRPC and ₹ 5,000 per month to the 6 -year -old daughter.
What the High Court said:
- The wife is not earning from any income source.
- She is taking care of her 6 -year -old daughter.
- Being a graduate is not a guarantee of earning.
- Given the income and responsibilities of the husband, the right of wife and girl cannot be ignored.
- Maintenance is not just legal, social and moral responsibility.
- The High Court upheld the Family Court’s decision and dismissed the husband’s petition.
Husband’s argument rejected
The husband said in court that he works in a finance company and his salary is 34,033. Out of that he gives the car’s EMI and insurance premium, as well as takes care of his elderly grandparents. For this reason he cannot give 14,000. The court dismissed this argument and said that having expenses could not be the reason for avoiding alimony.
Court order
- The High Court dismissed the petition.
- The petitioner (husband) was fined 10,000.
- The fine was directed to submit this fine to the Ludhiana Family Court within 3 months.