In a case reviewed by the Punjab & Haryana High Court, it was ruled that a wife cannot be denied maintenance solely because she is educated or qualified. The couple got married in 2015 and had a child. Due to differences, the wife separated from her husband and, in 2018, filed a petition for maintenance under Section 125 of the Criminal Procedure Code (CrPC) for herself and their minor son.
In November 2023, the family court ordered the husband to pay ₹10,000 per month to the wife and ₹5,000 per month to the child. Additionally, the husband was required to continue paying the rent for their accommodation.
The husband challenged this order in the High Court, claiming the wife was not entitled to maintenance as she was living separately without a valid reason. He also made allegations about her character, accusing her of maintaining relationships with other men. On the other hand, the wife sought an increase in the maintenance amount.
The High Court, after reviewing the evidence, dismissed the husband’s claims. The court found no evidence to support his accusations about the wife’s conduct and noted that the couple had lived together for a substantial period after the date mentioned in the husband’s claims.
The court also rejected the argument that the family court had not explained how it calculated the maintenance amount. It clarified that the amount was determined based on the overall circumstances of the case.
Regarding the wife’s request for more maintenance, the court turned it down, stating that the husband was already paying ₹10,000 per month to the wife and ₹5,000 per month to the child, along with covering their rent. The rent, initially ₹10,000 in 2019, had increased to ₹14,300 by 2023 and would continue to rise by 10% annually.
The court upheld the family court’s decision and dismissed both petitions.
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