The Rajasthan High Court has ruled that a husband earning ₹40,000 per month cannot avoid his obligation to pay interim maintenance, even if his wife filed the application 36 years after their marriage.
The case involved a petition filed by the husband under Section 482 of the Code of Criminal Procedure, 1973, challenging an order from Gram Nyayalay, Aspur, Dungarpur district. The Trial Court had directed the husband to pay ₹5,000 per month as interim maintenance to his wife.
The husband argued that the petition filed in 2021 was an abuse of the legal process, as the couple had been married since February 17, 1976, and had been living separately since 1986. He also claimed that his income was around ₹40,000 per month, contrary to the court’s assessment of ₹1,00,000.
Despite these arguments, the High Court refused to interfere with the Trial Court’s order, noting that the petitioner had not demonstrated any jurisdictional error or apparent mistake in the record. The court emphasized that the ordered sum of ₹5,000 per month was a modest amount.
This ruling underscores the legal obligation of husbands to provide interim maintenance, regardless of delays in filing applications, ensuring that the financial needs of estranged spouses are met.
The Rajasthan High Court’s decision reinforces the importance of supporting estranged spouses financially, regardless of the time elapsed since the marriage.
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