Chandigarh: The Punjab and Haryana High Court on Wednesday dismissed a plea filed by a husband, who challenged an order passed by the Family Court of Dadri district to pay Rs 5,000 as monthly maintenance to the wife during the pendency of the divorce matter. "If the wife is unable to maintain herself, then it is the moral and legal obligation of the husband, even if the husband is a professional beggar," the court observed.
According to sources, the wife had filed a divorce petition under Section 24 of the Hindu Marriage Act and demanded Rs 15,000 per month as alimony and Rs 11,000 for litigation expenses. The Charkhi Dadri Family Court had ordered the husband to pay Rs 5,000 as monthly maintenance, Rs 5,500 as one-time litigation expenses and Rs 500 for hearing the petition.
Also read: Punjab & Haryana HC lets 9-year-old stay with grandmother after mother fails to stop sexual abuse
However, the husband challenged the decision in the High Court and argued that his wife has her means of income. Despite this, his wife is demanding alimony from him. According to the husband, his income is not enough to pay alimony to the wife and without considering those facts, the family court had given the verdict in favour of the wife.
While hearing the plea, Justice HS Madaan said that as long as the divorce case is going on, the husband has to give monthly maintenance to his wife. "Nowadays even a daily wage worker earns Rs 500 or more per day and the petitioner, in this case, he is a capable person," the court said citing the rising inflation in the present times, it cannot be said that the alimony is more."
