Maintenance Cannot Be Denied To Wife Merely Because She Is Post Graduate & Earning As Guest Lecturer: Tripura HC
The Tripura High Court held that a wife with a post-graduate degree earning and working as a guest lecturer was not a ground to reject her claim for maintenance.
The wife had filed a petition under Section 125 of the CrPC seeking maintenance from her husband alleging instances of mental cruelty and neglect, stating that her husband misbehaved with her using filthy language and even assaulted her.
A Single Bench of Justice Biswajit Palit observed, “It appears that the wife is well-qualified, having post-graduate degree and working as a lecturer and is earning something is not a ground to reject her claim for maintenance. Here in this case, after going through the evidence on record of the Learned Court below, it appears to me that the respondent-wife has been able to prove that she has been neglected and refused to provide maintenance by the petitioner-husband.”
Advocate Kundan Pandey represented the petitioner, while Addl. P.P. S. Ghosh appeared for the respondents.
The family court granted maintenance to the wife and daughter. The husband, however, challenged the award arguing that the wife was highly qualified and was serving in the Education Department as a guest lecturer and therefore was not entitled to any maintenance.
The husband also argued that during her appearance before the Family Court to provide evidence, the wife claimed to have no income of her own. However, the wife clarified that her engagement was purely temporary and cannot be considered as indicative of a permanent job to sustain her livelihood.
The High Court stated that the family court reasonably and rightly awarded maintenance in favour of the wife and the daughter. “As already stated, there is no satisfactory evidence on record from the side of the petitioner-husband that the respondent-wife is serving/holding any post of permanent in nature rather, her engagement is purely temporary in nature as surfaces from the contents of Exibit-A as relied upon by the petitioner-husband,” the Court held.
In dismissing the husband's challenge to the family court's order, the High Court observed that the wife was awarded a “lesser amount of maintenance allowance” and stated that she could claim for enhancement of maintenance in due course of time
Accordingly, the High Court dismissed the petition.
Cause Title: X v. Y & Ors.
Appearance:
Petitioner: Advocate Kundan Pandey
Respondents: Addl. P.P. S. Ghosh; Advocate D.P. Ghosh
Click here to read/download the Judgment