The Delhi High Court has criticized the practice of husbands forcing their wives to file execution petitions to delay maintenance payments, calling it a sad truth. Justice Asha Menon noted that this tactic is often used by estranged husbands to reduce their income as much as possible, causing emotional and financial distress to their wives.
In a recent case, Justice Menon addressed a petition filed by a man challenging a December 2021 order from a family court at Karkardooma. The court had directed him to pay ₹20,000 as interim maintenance to his estranged wife and child. The arrears were to be cleared within two months, with further payments due by the 5th of each month.
The husband, however, argued that he could only afford to pay ₹4,000 per month, claiming his monthly income was ₹28,000 and he needed to give ₹10,000 to his parents for their maintenance. He also alleged that his wife earned ₹30,000 per month from private tuitions.
The wife’s counsel countered that the husband’s father was a government servant who did not need financial help. Additionally, bank records showed the husband earned more than ₹28,000 and lived with his father, incurring no rent expenses.
Justice Menon criticized the husband’s attitude as shameful, noting, “A growing child and a mother who takes care of all the child’s needs are expected to manage with ₹4,000, while the petitioner and his parents enjoy a comfortable lifestyle with ₹25,000 to ₹28,000.”
The judge also questioned why the husband was unwilling to make extra efforts to earn more income and fulfill his financial obligations as a husband and father. Justice Menon concluded that there was no error in the family court’s order and dismissed the plea, imposing a cost of ₹20,000 on the petitioner.
This judgment highlights the court’s stance against the exploitation of legal processes to avoid financial responsibilities, ensuring justice for those affected by such tactics.
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