Woman can't be denied alimony only because she is working: Allahabad HC

The Allahabad High Court has stated that it has to be ascertained whether the woman's income is sufficient to support her or not. The court was hearing a petition filed by a woman who was waiting for her alimony since 2017. The woman's husband had refused to provide alimony stating she is an IITian and capable of earning herself.

Prayagraj:The Allahabad High Court on Friday ruled that a woman cannot be denied alimony solely on the ground that she is working. It has to be examined whether her income is sufficient to bear her expenses and fulfill her necessities, the court stated.

Justice Vinod Diwakar issued this order while hearing the petition of Parul Tyagi from Muzaffarnagar, who has been waiting for her maintenance allowance even after 39 hearings since August 22, 2017. The petitioner's husband, Gaurav Tyagi said that his wife is an IITian and is capable of meeting her own expenses. The woman on the other hand said that she is unemployed and as she is living at her parents' home, she is entitled to get maintenance allowance from her husband.

Under Section 125 of CrPC, the family court ordered Gaurav to pay a monthly maintenance allowance of Rs 20,000 based on his wife's application. The revision petition against this was rejected but the alimony was not given. When the alimony was not given after 39 hearings, the woman approached the High Court.

The court said that the cases regarding maintenance of elderly parents, wife and children are pending for years. By doing this the guidelines of the Supreme Court are being ignored, it said. When verdicts are not given on time then public confidence in the judicial system gets shattered, it said adding that it is the duty of the High Court to make the subordinate courts work as per the law and organise workshops to train the judges.

The court said that it is their responsibility to protect the rights of the people and establish the rule of law. To maintain public confidence in the judicial system, courts should play their role in providing effective relief.

The court has directed all the district judges of the state to hold meetings with the presiding officers of the family courts and said that report should be sent to the Director General in cases where the officers are not following the Supreme Court guidelines. The Director General should in turn send the report with his comments to the Administrative Judge of the High Court. This should be entered in the service register of the negligent presiding officer, high court said.

The court said that the district judge should review the Supreme Court guidelines for family courts and prepare a progress report. The District Judge and Chief Justice should present serious complex cases before the District Monitoring Committee, it said. Also, the court emphasised that District Legal Services Authority should run workshops in collaboration with the Bar Association, in which lawyers should be trained in preparing cases and awareness campaigns should be conducted.

The court has ordered to send a copy of the order to all the district judges, chief justices, district magistrates and senior superintendents of police including the Chief Secretary.