Petitioner cannot deflect from responsibility towards wife, kids: Punjab High Court.
The Punjab High Court on 2nd March, 2023, in Sh. Sandeep Malik v/s Renu and others (CRR(F)-314 of 2023(O&M), held that the petitioner was responsible towards his wife and two minor children for maintenance. The judgement was presided by Honourable Mr. Justice Jagmohan Bansal.
FACTS OF THE CASE:
The petition was filed against the order by the Additional Principal Judge where the petitioner was directed to pay maintenance of ₹55,000 per month. The petitioner and the respondent were married on the year 2011 and later separated. Under section 125 CrPC, the respondent sought maintenance from the petitioner. Thereby, the Family Court granted an amount of ₹55,000 to be paid every month to the respondent as maintenance. The learned counsel for the petitioner contended that, the petitioner employed as Lieutenant Colonel in the Indian Army, his carry home salary was ₹66,000 per month, which renders it impossible to pay ₹55,000 as maintenance.
The court held that the petitioner was a Lieutenant Colonel in the Indian Army, and the job being high ranking in position, the gross salary of the petitioner amounted to ₹1.98 lakh. Further, the take home salary of ₹66,000 was utilised by the petitioner in the payment of the home and car loans and towards provident fund and other statutory deductions. The court observed that the petitioner could pay huge amounts towards car and home loans and ought to be more responsible towards his family. Also, the job profile of the petitioner renders him to be more socially and morally responsible towards his family, was held by the court. It was held that the petitioner could not be permitted to deflect his responsibility towards family, which was of not only a statutory obligation, but also social and moral in nature.
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JUDGEMENT REVIEWED BY ARYA THAKUR.