The Punjab and Haryana High Court had passed a judgment where it ruled that wife is entitled to enjoy the same amenities of life as she would have been enjoying had she been staying in the matrimonial home. The fact that the wife is drawing more salary than the husband is not a ground to deny her claim of maintenance given the skyrocketing prices of necessities of life, expenses on the education of children besides their needs to grow well, and face peer pressure. This was seen in the case of Amit Kumar Vs Navjot Dubey (CR No. 6198 of 2013) and the case was presided over by the Honourable Mr. Justice Rekha Mittal.
FACTS OF THE CASE:
The Petitioner and the Respondent had mutually decided to divorce due to arising differences after their marriage. The Respondent – the mother is drawing out Rs,48,000 as salary at present which is approximately Rs.10,000 more than the father. The lower court gave the custody of the two children – one son and one daughter to the mother and the maintenance was decided for Rs.15,000 from the Petitioner – the father to the Respondent instead of maintaining the children and herself.
The Petitioner approached the respected court that the maintenance allowed by the lower Court @ Rs. 15,000/- per month is on the higher side and liable to be reduced. Through his learned Counsel – The Petitioner contended that the gross emoluments of the Respondent are more than him and she is capable enough to maintain herself and the Children. The Petitioner further argued that he must look after his old parents besides providing maintenance to the respondent. Per Contra, the Counsel for the respondent has supported the impugned order with a view that sky-rocketing prices and expensive education of the two children, the maintenance assessed by the lower cannot be termed as excessive.
The Court accepted the fact that the respondent – the mother is drawing out more salary than the petitioner. The Court reiterated the settled position of law that the wife is entitled to enjoy the same amenities of life as she would have been having if she had been staying in the matrimonial home. The Court considered the soaring prices of basic amenities of life, expenses on education, and overall development of the children to meet the challenges of society and face peer pressure, it found it difficult to accept that the maintenance assessed by the lower court is on the higher side and requires reduction. With this, the Court dismissed the plea.
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JUDGEMENT REVIEWED BY ABHINAV SHUKLA.