In a recent judgment by the Delhi High Court, a maintenance dispute between a husband and wife has been resolved, shedding light on the financial obligations in the matter. The court addressed the petitioner’s income, the respondent’s educational qualifications, and the child’s expenses in its decision. Find out more about this important legal ruling on financial responsibilities.
Facts
- The appellant is currently a home maker.
- The delay in filing the appeal has been condoned.
- Income tax returns for AYs 2020-21 and 2022-23 show the appellant’s gross total income and maximum bank account balance.
- The appellant’s income after tax for AY 2022-23 was Rs. 18,80,121.
- An application seeking condonation of a 6-day delay in filing the appeal was filed by the appellant.
- Regular credit entries ranging from Rs. 1,00,000 to Rs. 2,05,000 were observed in the appellant’s HDFC Bank account statement.
Arguments
- The appellant/husband is willing to bear the financial burden of rearing the child.
- The appellant/husband is unwilling to be liable for providing maintenance to the respondent/wife due to her educational qualification.
- The original rent agreement of the respondent/wife was not placed on record.
- The appellant/husband’s counsel argues that the burden of paying maintenance should not be on the appellant/husband as the respondent/wife is well-qualified.
Analysis
- The respondent/wife is awarded maintenance which would enable her to take care of the child’s expenses.
- The child is receiving private tuitions.
- The respondent/wife’s bank statement from 01.03.2020 to 25.02.2023 was considered by the trial court.
- The appellant/husband earns a monthly income of Rs.1,29,000 after tax deductions.
- The maintenance for the respondent/wife is Rs.25,000 and for the child is Rs.15,000 per month.
- The respondent/wife’s bank statement indicated a maximum balance of Rs.2,80,104.73 on 01.03.2020.
- Bank statement entries from 31.12.2020 to 12.09.2022 showed funds being used for the child’s expenses.
- The maintenance fixed for the child may have been on the lower side according to the court.
- The respondent/wife presented a rent agreement showing a monthly payment of Rs.19,000.
- Request for original rent agreement being placed on record was not shown to have been made and declined
- Provisions of Indian Evidence Act do not strictly apply
- The rent agreement was executed more than a year before the application was disposed of, lending credence to its validity
Decision
- The appeal is dismissed.
- The pending application is also closed.
Case Title: VISHWAS CHOPRA Vs. SMT. SHEENA CHOPRA (2024:DHC:4169-DB)
Case Number: MAT.APP.(F.C.)-157/2024
