Wife, child entitled to standard of living aligning with husband’s status, says Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, April 19

The Punjab and Haryana High Court has made it clear that a wife and child are entitled to a standard of living that aligns with the husband’s dignity and status and is neither extravagant nor lacking. Justice Manisha Batra also made it clear that it is a husband’s sacrosanct duty to provide financial support, particularly in cases where there is no evidence of other dependents.

Maintenance allowance

Justice Manisha Batra asserted that Section 127, CrPC, undoubtedly empowered a court to make alteration in the maintenance allowance/interim maintenance on proof of change in the circumstances of any person receiving monthly allowance for maintenance under Section 125

The ruling came on a petition filed against an order passed in November by Sonepat Additional Principal Judge, Family Court, on a maintenance petition. The Bench, during the course of hearing, was told that the monthly maintenance allowance was enhanced to Rs 10,000 in the wife’s case and Rs 5, 000 in the daughter’s against the initial total amount of Rs 5,000. Directions were sought to further modify the impugned order and direct monthly payment of Rs 50,000 as enhanced maintenance amount.

Taking up the matter, Justice Batra asserted that Section 127, CrPC, undoubtedly empowered a court to make alteration in the maintenance allowance/interim maintenance on proof of change in the circumstances of any person receiving monthly allowance for maintenance under Section 125.

“The petitioners are certainly entitled to maintain a standard of living which is neither luxurious, nor penurious, but is yet at par with the same dignity and status as that of the respondent (husband) and it is the sacrosanct duty of the respondent to provide financial support to them, especially when there is nothing on record to show that he has any other dependent,” Justice Batra stated.

Referring to the facts and circumstances of the matter, Justice Batra dismissed the plea after asserting that the family court had drawn a careful and just balance between relevant factors while determining the respondent-husband’s financial status and the standard of living the petitioner-wife and daughter were accustomed to. The enhanced amount could not be stated to be meager.

“Having taken into consideration all relevant factors, I am of the view that the enhancement as made by the learned Family Court is appropriate. Accordingly, I see no reason to allow this petition and, hence, dismiss the same,” Justice Batra concluded.

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