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Mere Fact That Wife Is Earning Would Not Dis-Entitle Her From Claiming Maintenance: Rajasthan High Court

 

In the case of Neha Mathur & Anr. v. Dr. Arvind Kishore(S.B. Criminal Revision Petition No. 1345/2018), Dr. Justice Pushpendra Singh Bhati of Rajasthan High Court observed that merely the fact that the wife is earning would not dis-entitle her from claiming maintenance from her husband. The Court opined that the charge of desertion cannot become a ground so as to enable the husband to disqualify the wife from claiming the amount of monthly maintenance, in any manner whatsoever.

FACTS OF THE CASE:

The parties were married since 2010 and they lived in USA. A son was born to the parties in 2011 and On account of the alleged disharmony in their matrimonial relationship, the wife left her matrimonial home at USA in 2013 and came back to India. Later, the wife filed an application against the husband under Section 125 CrPC. which was allowed by the trial court in 2018 , while awarding a monthly maintenance to the wife and son, to the tune of Rs.50,000/- and Rs.20,000/- (totalling Rs.70,000/-).The petitioner-wife has preferred the present criminal revision petition challenging the said order while making prayer only to the extent that the am ount of monthly maintenance be enhanced to Rs.2,50,000/- (for wife) and Rs.1,30,000/- (for son). In contrast, the husband sought quashing and setting aside the said order.

JUDGEMENT:

The court noted that the trial court had rightly arrived at a considered decision. The court deemed it appropriate to enhance the monthly maintenance payable by husband to the wife and son, considering the cost of living at Hyderabad and the fact that both the husband and wife were maintaining a very good lifestyle in the USA.

JUDGEMENT VERIFIED BY ANAGHA K BHARADWAJ

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