The High Court of Rajasthan, through learned judge, Justice Pushpendra Sigh Bati in the case Sarvjeet Kaur v. State of Rajasthan & Anr. (S.B. Criminal Revision Petition No. 629/2019) held that a wife, even if she is stitching clothes domestically is entitled to get the maintenance.
BRIEF FACTS OF THE CASE: The wife, the petitioner filed the criminal revision petition to quash the order passed by the learned Family Court to order the respondent, husband to pay maintenance of Rs.10,000/- to the petitioner. Learned counsel for the petitioner submitted that the petitioner-wife along with her two children, were living separately, and thus, they sought maintenance, which was partly allowed and the children were granted maintenance to a sum of Rs.3000/- per month each. However, maintenance was not granted to the petitioner wife as she knew tailoring jobs and was stitching clothes for the ladies at domestic level. Learned counsel for the respondent, the husband opposed the submissions on the ground that the husband was a welder and did not have any source of income.
JUDGEMENT: After hearing the contentions raised by both the parties, the court held that even if the petitioner, wife is stitching clothes domestically then also she is entitled to get the maintenance. The court remarked that respondent, the husband is a welder, which is almost like a skilled workman, and thus, it cannot be presumed that he is not earning sufficiently to maintain the petitioner-wife, even if the petitioner-wife has some income source, then also there are three family members whom the respondent, the husband is liable to maintain. The court held that it is a fit case for grant of maintenance to the petitioner, wife. The impugned order passed by the learned Family Court in Criminal Misc. Case was quashed to the extent of denial of maintenance to the petitioner-wife and the court directed that the petitioner-wife shall also be paid the monthly maintenance to a sum of Rs.3000/- from the date of filing of the initial application. However, it was made clear that the monthly maintenance of the children awarded earlier shall remain as per the impugned order
JUDGEMENT REVIEWED BY – AMRUTHA K