Joblessness no plea to deny alimony: HC
Tribune News Service
Chandigarh, June 7
The Punjab and Haryana High Court has made it clear that an estranged husband cannot in any manner escape the moral and legal responsibility of maintaining his legally wedded wife and minor daughter. The Bench also made it clear that an able-bodied person could not take the plea of unemployment to avoid paying maintenance.
The assertion by Justice HS Madaan came in a case where the petitioner-husband had claimed that he was unemployed and the monthly maintenance amount of Rs 9,000 awarded by the family court was on the higher side.
Justice Madaan asserted the husband was an able-bodied person. He had denied working as a lecturer in some college on a monthly salary of Rs 40,000. Rather, his claim was that he was unemployed. But the fact remained he was an able-bodied person.
Considering the facts and circumstances and also his probable earning capacity, the maintenance amount of Rs 9, 000 was granted. Such amount could certainly be not taken to be on the higher side keeping in view the trend of rising prices of even the basic necessities and in light of his probable income and the economic status of the parties.
“It is moral as well as legal responsibility of the revisionist/petitioner to maintain his legally wedded wife, unable to maintain herself as well as his minor daughter. The revisionist cannot escape that responsibility in any manner,” Justice Madaan said.
