Delhi News: The Delhi High Court has said that just because the wife is capable of earning her own livelihood, the husband is not exempted from paying her maintenance. The court also said that calling the wife a ‘parasite’ is an insult to her as well as the entire female race.
Justice Subramaniam Prasad, while hearing a plea by a husband against a trial court’s direction to pay maintenance to his wife, said Indian women leave their jobs to look after the family, fulfil the needs of their children and take care of their husband and his parents.
The petitioner husband is said to have left his wife and children and is living with another woman. The lower court had ordered the petitioner husband to pay Rs 30,000 per month as maintenance to his wife, and also ordered her to pay Rs five lakh for mental torture, depression and emotional agony etc.
The trial court had also directed him to pay Rs 3 lakh as compensation to his wife, which includes Rs 30,000 as litigation costs.
Challenging the trial court’s order, the petitioner argued in the high court that his wife is a capable woman who works in a boutique and hence, she cannot be allowed to become a ‘parasite’ by misusing the law.
Judge Prasad refused to interfere with the lower court’s directions and said that the fact that the wife is capable of earning cannot be a cause of trouble for her.
In his recent order, he said that the financial position and property details of the petitioner reflect a “comfortable and affluent lifestyle”, hence, he (petitioner) is in a position to pay Rs 30,000 per month as maintenance.
The court also said, “The fact that the respondent (wife) is physically capable and can earn a livelihood does not absolve the husband from not providing maintenance to his wife and children. Indian women even leave their jobs to take care of the family, to meet the needs of their children, to take care of their husband and his parents.”
Dismissing the petition, Judge Prasad said, “The argument that the respondent (woman) is only a parasite and (she) is abusing the process of law is an insult not only to the respondent but to the entire woman race.” The court also said in its order that the wife was a victim of domestic violence.
Judge Subramaniam Prasad said, “The respondent (wife) had to leave her matrimonial home as she could not tolerate the fact that her husband was living with another woman.” He said, “No woman can tolerate that her husband is living with another woman and he also has a child from that woman.
The court said, “All these facts make the respondent/wife a victim of domestic violence.” The court said that the husband cannot escape his responsibility to maintain his wife and children unless there is an acceptable legal basis in the law.
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