Amount Spent By a Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife
Case: Sarita Bakshi V. State & Anr.
Coram: Hon’ble Ms. Justice Swarana Kanta Sharma
Case No.: CRL.REV.P. 792/2018
Court Observation: “There is no skepticism about the fact that the sister receives maintenance from her husband, but the brother cannot be a mute spectator to her misery if and when she needs his help. Some provision needs to be made in his list of expenditure to support her sibling…though while apportioning the income of the respondent, one portion of income of the respondent cannot be apportioned to the sister, some amount as expenditure on yearly basis has to be kept aside for the divorced sister as moral obligation of the respondent,”
“Relationships cannot be caged in a mathematical formula alone in every case. Each case has to be decided in view of its special and peculiar circumstances which may warrant indulgence of the Court. No doubt in cases involving grant of maintenance calculation has to be made in terms of financial capacity, the same needs to be done keeping in mind all family circumstances,”
“It is the moral and legal duty of the respondent (son) to look after his father in the golden years of his life and ensure every comfort and support to him as „He is because of Him‟. I, therefore, am of the opinion that in absence of any proof of independent income of the father, at this stage, the respondent must be spending some amount on looking after his father. The learned Principal Judge of Family Court has rightly held the same,”
“In my opinion, this stand is meritless to the extent that in India, the bond between siblings and their dependence on each other may not always be financial but it is expected that a brother or sister will not abandon or neglect his or her sibling in time of need,”
“Therefore, though while apportioning the income of the respondent, one portion of income of the respondent cannot be apportioned to the sister, some amount as expenditure on yearly basis has to be kept aside for the divorced sister as moral obligation of the respondent. The plea of the petitioner that no amount should be considered to be spent on the divorced sister is meritless especially in the Indian context and the peculiar circumstances of the present case,”
“The father may not have considered filing case for maintenance before a Court of law. At times, parents may feel sad and inferior even at the thought of being maintained by their child and asking for maintenance. Their love and affection for their child is so overpowering that they may decide to live uncomfortably but not ask for maintenance. Parents want to feel independent as they don‟t live with their children, their children live with them. With these thoughts in mind, I hold that the needs of the father are not many as he is staying with the respondent but a certain amount of expenditure must be apportioned for his needs,”
“The affection shared by family members culminates into bonds and family members are the strongest support system of each other. In particular, the relationship between a brother and a sister has a deep sense of care towards one another. Festivals, norms and traditions in India are an affirmation and recognition of care, affection and responsibility of siblings towards each other,”
“In view of the peculiar circumstances of this case, wherein respondent no. 2 has remarried after divorce with the Petitioner and has a child from the wedlock, there exists a need to strike a balance between the sensitive and delicate situation of the respondent towards the petitioner and the child from their wedlock, as well as the subsequent marriage and child,”
“The maintenance cannot be enhanced from the date of the application as the present petition is under Section 127 Cr.P.C. wherein, the maintenance amount has to be decided on the basis of the date on which the salary of the husband had changed,”
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Keywords
Granting Maintenance, Divorce Granting Maintenance, Granting Maintenance to wife
