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Husband Must Pay Interim Maintenance Despite 36-Year Delay in Application: Rajasthan HC

The Rajasthan High Court recently ruled that a husband earning ₹40,000 per month cannot avoid paying interim maintenance to his estranged wife, even though she filed the application 36 years after their separation.

The Case Overview

The case was brought under Section 482 of the Code of Criminal Procedure, 1973, challenging an order by the Gram Nyayalay, Aspur, Dungarpur district. The trial court had partially allowed the wife’s application for interim maintenance, directing the husband to pay ₹5,000 per month.

Court’s Observations

The High Court rejected the husband’s plea, noting that no jurisdictional or apparent error was present in the trial court’s order. The court also deemed ₹5,000 a reasonable amount given the husband’s financial circumstances.

Justice emphasized that a delay in filing the application does not absolve the husband of his legal obligation to support his wife financially.

Arguments Presented

The husband, represented by Adv. Mohit Singhvi, argued that:

  • The maintenance claim was an abuse of legal process, as the marriage took place in 1976, and the couple had been living separately since 1986.
  • The court incorrectly estimated his income to be ₹1,00,000 per month, while his tax returns indicated an income of approximately ₹40,000 per month.

However, the High Court dismissed these arguments and upheld the trial court’s ruling.

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