Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband
Case: Pradeep Kumar V. Smt Bhawana & Anr.
Coram: Justice Asha Menon
Case No.: CRL.M.C. 1692/2022
Court Observation: “To deny maintenance to an estranged wife and child is the worst offence, even from a humanitarian perspective,”
“The malafide intentions of an estranged husband is to depress his income as much as possible, for sadistic pleasure, of seeing the agony of someone, who has no choice, but to be dependent on him, may be dictated by egoistic propensity to also possibly teach his wife a lesson for not falling in line with whatever be his dictates. Matrimonial relationships can come to an end for a variety of reasons including ego clashes. It is time that there is a change in the attitude when litigation is filed by one spouse against the other,”
“To introduce bitterness in the litigation serves nobody’s purpose. The creation of Family Courts, the entire set up of Counseling Centers, and the availability of mediation whether before litigation or during litigation, are all intended for a more amiable and less torturous resolution of matrimonial and family problems. The legal fraternity must encourage quick resolution by these methods. Their role would be of immeasurable value in rescuing lives from the brink of ruination and annihilation.”
“An Execution Petition filed by the respondents is also stated to be pending. The non-compliance of directions of a consent order speaks of the “fair conduct” of the petitioner. But he wants this Court to accept a similar offer towards maintenance of the respondents,”
“Yet, he wishes to peg the maintenance of the respondent to Rs.4,000/- (before this Court Rs.5,000/-) i.e., less than half of the sum he allegedly spends on his old parents. A growing child and a mother who is taking care of all the needs of such a growing child is to somehow manage with Rs.4,000/-, whereas, the petitioner and his parents can have a greatly enhanced level of comfort by spending Rs.25,000/- to Rs.28,000/- on themselves,”
“This attitude is shameful to say the least. It behoves no husband or a father to deny a fair standard of living for a wife who is a homemaker and their child of tender age. It is alleged in the petition that the respondent No.1 is earning Rs.30,000/- by way of tuitions. It is no doubt a wild allegation, but it is curious, as to why the petitioner, is unwilling to make such additional efforts himself, to earn some more income, to meet the financial obligations of a husband and a father.”
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Keywords
Denial Of Maintenance, Denial Of Maintenance To Estranged Wife & Child
