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“Delhi High Court Condemns Husbands Who Delay Maintenance Payments”

The Delhi High Court, in a recent judgment, criticized the practice of husbands forcing their wives to file execution petitions to delay maintenance payments. Justice Asha Menon highlighted the emotional and financial distress caused by such tactics, terming the actions of the petitioner as “shameful.”

Case Overview

The court was hearing a plea filed by a man challenging a December 2021 family court order from Karkardooma. The order 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 subsequent payments required by the 5th of each month.

Husband’s Argument

The petitioner claimed his monthly income was ₹28,000, of which ₹10,000 was allocated for his parents’ maintenance. He argued he could only afford ₹4,000 per month for his wife and child. Furthermore, he alleged that his wife earned ₹30,000 monthly through private tuition.

Wife’s Defense

The wife’s counsel refuted these claims, stating that the husband’s father was a government employee who required no financial assistance. The counsel also presented bank records suggesting that the petitioner earned significantly more than ₹28,000 and had no rent expenses as he lived with his father.

Court’s Observations

Justice Menon lambasted the petitioner’s actions, stating:
“A growing child and a mother managing all the needs of such a child are expected to survive on ₹4,000, while the petitioner and his parents enjoy a comfortable lifestyle with ₹25,000 to ₹28,000.”

The court further noted that the petitioner had made baseless allegations about his wife’s income and questioned why he was unwilling to take extra efforts to increase his own earnings to meet his obligations as a husband and father.

Judgment

The High Court upheld the family court’s order, dismissing the petitioner’s plea. A penalty of ₹20,000 was imposed on him for his actions. Justice Menon emphasized that such behavior reflects malafide intent to depress income and delay rightful maintenance, causing unnecessary agony to the dependents.

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