The Punjab and Haryana High Court passed a judgment that the increased maintenance of new married wife and children cannot be a ground for denying permanent alimony to the ex-wife. This was seen in the case of Krishan Avtar Kaushik Vs. Smt. Raj Bala (P. no. 183-M of 2000) and the Honourable Mr. Justice R. L. Anand presided over the case.
FACTS OF THE CASE:
The appellant – then Husband has been directed by the lower court to pay Rs.2500/- per month to the respondent – then Wife. The appellant later remarried and appealed to the present court for dissolution of the decided alimony. Through his learned counsel, the appellant contended that the amount of salary, he is getting is even insufficient to maintain his old-age parents and new wife and children. The learned counsel for the petitioner cites 1983 PLR 672, Sarla Devi v. Om Parkash Madan, and submits that since respondent Smt. Raj Bala is a highly qualified lady, a reasonable inference can always be drawn that she can maintain herself. The respondent contended that the amount of alimony decided is way too less i.e., Rs.2500-/ per month and therefore, the appellant should not face any problem in paying the same. She further contended that she is without any means of livelihood and regularly faces the pressure of society as still, the divorce by the wife is seen as a crime by society.
The Court acknowledged the submissions made by both the counsels and came to the view that merely contending that the appellant is remarried and has to maintain his old-age parents, second wife and children does not mean that he can ignore his ex-wife.
The Court ruled,
“Even assuming for the sake of argument that she is in a position to earn something for herself, even then I do not think that the amount of permanent alimony awarded by the trial Court, is in any way excessive, illogical, harsh, or irrational. Therefore, I do not find any merit in this appeal and the same is hereby dismissed.”
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JUDGEMENT REVIEWED BY ABHINAV SHUKLA.