In a recent judgment by the Delhi High Court regarding a maintenance dispute, a decision was made in favor of financial support to the minor child and petitioner. The court ruled that the respondent must pay ₹4,800 per month for the maintenance of the family. The judgment emphasizes the sacred duty of a husband to provide for his wife and child. Find out more about the legal reasoning and implications of this significant case.
Facts
- The court has considered the financial resources of the parties.
- It has been determined that the petitioner must pay ₹2,400 each to both respondents.
- The total monthly maintenance amount is set at ₹4,800.
- This decision is based on the relevant circumstances and facts presented.
Arguments
- Petitioner claims to be staying at his village but has legal and moral obligations to pay Rs. 4800 per month to the petitioners for maintenance.
- Arrears of maintenance amounting to Rs. 4800 per month per petitioner to be cleared within three months.
- No material evidence presented on the income of the petitioner or his profession as a painting contractor.
- Despite being sent to Judicial Custody, the petitioner has failed to clear the arrears of maintenance at the specified rate.
- Admitted that the petitioner was staying with the petitioners in Mumbai and later in Delhi.
- Petitioner claims to earn only Rs. 174 per day through the NREGA Scheme, refuting the respondent’s claims of higher earnings as a rickshaw puller.
- Evidence presented by the respondent includes a job card under MNREGA and a certificate of income from the Tehsildar reflecting a family income of Rs. 3000 per month.
- Petitioner is argued to be an able-bodied man.
- The petitioner, being an able-bodied man, is legally obligated to maintain his wife and minor child.
- An able-bodied husband is required to earn money, even through physical labor, to fulfill his obligation, except on legally permissible grounds.
- The court does not accept the claim of the respondent that he has no source of income as his party business has closed.
- The respondent is mandated to earn through legitimate means and support his wife and minor child.
- Parties in matrimonial disputes often do not disclose their true incomes as a tendency.
- Courts can estimate the income of parties when necessary.
- The Family Court correctly assessed the income of the respondent at ₹9,000 per month considering the minimum wages for unskilled employees in Delhi and Uttar Pradesh.
- The monthly maintenance of ₹4,800 for the respondent is deemed reasonable in this context.
Analysis
- The petitioner has not provided any reason for being unable to pay ₹4800 per month to his wife and minor child.
- The Hon’ble Apex Court highlighted that it is the husband’s sacred duty to provide financial support to his wife and minor children.
- The Family Court ignored this fundamental legal principle in its decision.
- The Court considered the facts and circumstances of the case.
- After thorough examination, the Court found no reason to interfere with the decision.
- The judgement was upheld based on the evidence presented.
- The Court did not find any grounds for modification or reversal of the decision.
Case Title: RAKESH SAINI Vs. SANGEETA SAINI & ANR. & ORS. (2024:DHC:3821)
Case Number: CRL.REV.P.-1126/2023
