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November 24, 2023
NEW DELHI: A spouse capable of earning but choosing to remain idle can’t saddle other partner with maintenance liability, Delhi High Court has said while reducing monthly maintenance from Rs 30,000 to Rs 21,000 to be paid by a man to his estranged wife under the Hindu Marriage Act (HMA).
“The spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating sincere efforts to gain employment should not be permitted to saddle the other party with one-sided responsibility of meeting out the expenses,” a bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta noted in a recent order.
The bench pointed out that in this case the woman claimed to have no independent source of income but had a reasonable educational background being a graduate from Delhi University. “She appears to have voluntarily undertaken social work as claimed despite there being no impediment to undertaking meaningful employment,” it said.
The court stressed that maintenance does not have to be provided with mathematical precision but to give relief to the spouse who is unable to maintain and support during the pendency of proceedings and to ensure that the party should not suffer due to paucity of source of income.
The court highlighted that provision for maintenance under HMA is gender neutral and rights, liabilities and obligations arising from marriage has to be examined on behalf of both the husband and wife.
It was hearing an appeal by the man challenging a trial court’s order directing him to pay Rs 30,000 monthly maintenance to his estranged wife and litigation expenses of Rs 51,000. He said earlier the trial court had asked him to pay Rs 21,000 monthly to the woman, but it was later enhanced to Rs 30,000 without any change in circumstances.
The man said he was getting Rs 47,000 in-hand salary and had to support his family and it would not be possible for him to pay Rs 30,000 per month. He also highlighted that the woman was working in a hospital, earning Rs 25,000 monthly but she claimed she is merely working as a social worker and not drawing any salary.
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“The spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating sincere efforts to gain employment should not be permitted to saddle the other party with one-sided responsibility of meeting out the expenses,” a bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta noted in a recent order.
The bench pointed out that in this case the woman claimed to have no independent source of income but had a reasonable educational background being a graduate from Delhi University. “She appears to have voluntarily undertaken social work as claimed despite there being no impediment to undertaking meaningful employment,” it said.
The court stressed that maintenance does not have to be provided with mathematical precision but to give relief to the spouse who is unable to maintain and support during the pendency of proceedings and to ensure that the party should not suffer due to paucity of source of income.
The court highlighted that provision for maintenance under HMA is gender neutral and rights, liabilities and obligations arising from marriage has to be examined on behalf of both the husband and wife.
It was hearing an appeal by the man challenging a trial court’s order directing him to pay Rs 30,000 monthly maintenance to his estranged wife and litigation expenses of Rs 51,000. He said earlier the trial court had asked him to pay Rs 21,000 monthly to the woman, but it was later enhanced to Rs 30,000 without any change in circumstances.
The man said he was getting Rs 47,000 in-hand salary and had to support his family and it would not be possible for him to pay Rs 30,000 per month. He also highlighted that the woman was working in a hospital, earning Rs 25,000 monthly but she claimed she is merely working as a social worker and not drawing any salary.
We also published the following articles recently
HC: Man’s OD payments no bar to paying estranged wife
The Karnataka High Court dismissed a man’s claim that he cannot pay maintenance to his wife due to monthly instalments for an overdraft facility. The court stated that if the petitioner had the resources to pay the overdraft facility, then there is no reason to believe his claims of being unable to support his wife. The husband had retired from a partnership firm but was previously earning a certain amount of income when the wife filed the maintenance petition. The court emphasized that a husband is obligated to earn and maintain his wife and child.
The Karnataka High Court dismissed a man’s claim that he cannot pay maintenance to his wife due to monthly instalments for an overdraft facility. The court stated that if the petitioner had the resources to pay the overdraft facility, then there is no reason to believe his claims of being unable to support his wife. The husband had retired from a partnership firm but was previously earning a certain amount of income when the wife filed the maintenance petition. The court emphasized that a husband is obligated to earn and maintain his wife and child.
30,000 tonnes of garbage burnt in open, citys air quality suffers
Hyderabad is facing a growing problem of open waste burning, with an estimated 30,000 tonnes of waste being burned each year. Experts warn that this figure could rise to 40,000 tonnes by 2030. The burning of waste contributes to air pollution and respiratory complications. The National Green Tribunal has imposed fines for bulk waste burning, but the practice continues. The city’s Jawaharnagar dumpyard is overwhelmed with waste, and plans for alternative dump sites have yet to materialize. Experts call for better waste segregation at the household level and stricter enforcement of regulations.
Hyderabad is facing a growing problem of open waste burning, with an estimated 30,000 tonnes of waste being burned each year. Experts warn that this figure could rise to 40,000 tonnes by 2030. The burning of waste contributes to air pollution and respiratory complications. The National Green Tribunal has imposed fines for bulk waste burning, but the practice continues. The city’s Jawaharnagar dumpyard is overwhelmed with waste, and plans for alternative dump sites have yet to materialize. Experts call for better waste segregation at the household level and stricter enforcement of regulations.
Delhi: 12,000 kg of firecrackers seized in just a month
Enforcement agencies in Delhi have seized over 12,000 kg of firecrackers in the past month due to illegal storage and sale, according to government data. The Delhi Pollution Control Committee (DPCC) had previously implemented a ban on the manufacture, storage, bursting, and sale of all types of firecrackers until January 1, 2024. Violations of the ban have resulted in penalties under the Indian Penal Code and Explosives Act. The ban was issued to combat pollution in Delhi, which worsens during the festival season and is exacerbated by slow wind speeds and farm fires in neighboring states.
Enforcement agencies in Delhi have seized over 12,000 kg of firecrackers in the past month due to illegal storage and sale, according to government data. The Delhi Pollution Control Committee (DPCC) had previously implemented a ban on the manufacture, storage, bursting, and sale of all types of firecrackers until January 1, 2024. Violations of the ban have resulted in penalties under the Indian Penal Code and Explosives Act. The ban was issued to combat pollution in Delhi, which worsens during the festival season and is exacerbated by slow wind speeds and farm fires in neighboring states.
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