The Punjab and Haryana High Court has held that a man cannot deflect from his responsibility towards his wife and children which is not only statutory but is also social and moral.

A Single Bench of Justice Jagmohan Bansal said, “The petitioner is able to pay hefty amount towards home loan and car loan, however, he is trying to deflect from his responsibility towards his legally wedded wife as well children. The petitioner cannot be permitted to deflect from his responsibility which is not only statutory but also social and moral.”

The Bench observed that the petitioner holding a very high position is more socially and morally responsible towards his family members.

Advocate Shobhit Rapria appeared on behalf of the petitioner in this matter.

In this case, the petitioner, through an instant petition sought setting aside of an order whereby Additional Principal Judge, Family Court allowed maintenance of Rs. 55,000/- per month to respondents i.e., Rs. 25,000/- to wife and Rs. 15,000/- per month each to minor daughters. The parties could not enjoy the fruits of the marriage and started staying separate. The respondent preferred a petition under Section 125 Cr.P.C. seeking maintenance from the petitioner.

The High Court in the above regard noted, “From the perusal of impugned order it stares that petitioner is working with Indian Army as Lieutenant Colonel which is a very high ranking position. The gross salary of the petitioner is Rs. 1.98 lakh. As per petitioner, he is getting carry home salary Rs. 66,000/- as he is making payment towards home loan and car loan.”

The Court also noted that the petitioner was contributing towards provident fund and other statutory deductions.

“The petitioner is getting gross salary Rs. 1.98 lakh still he is not ready to pay Rs. 55,000/- per month to his wife and two school going children. The findings recorded by Family Court are quite fair and convincing. This Court does not find any infirmity or illegality in the impugned order warranting interference”, said the Court.

Accordingly, the Court dismissed the plea.

Cause Title- Sandeep Malik v. Renu and others

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