The Rajasthan High Court has ruled that a husband earning Rs. 40,000 per month cannot be relieved of his obligation to pay interim maintenance to his wife, even if she filed for it after 36 years of marriage. The decision was made after the husband challenged an earlier order from the Gram Nyayalay in Aspur, Dungarpur district, which had directed him to pay Rs. 5,000 per month as interim maintenance.
The husband filed a petition under Section 482 of the Code of Criminal Procedure, 1973, arguing against the Trial Court’s decision. However, the High Court declined to interfere with the order, noting that the petitioner failed to demonstrate any jurisdictional or apparent errors in the ruling. The court also pointed out that the amount ordered was a modest sum of Rs. 5,000 per month.
Representing the wife, Advocate Mohit Singhvi argued that the husband’s petition under Section 125 of Cr.P.C. was an abuse of legal process, as the couple had been married since February 17, 1976, and had been living separately since 1986. He further claimed that while the lower court considered the husband’s income to be Rs. 1,00,000, his actual income, as per his income tax return, was closer to Rs. 40,000 per month.
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