A few days back the mercy petition of a husband was rejected by the family court. So the petitioner filed a revision petition in the Punjab & Haryana High Court, Which was rejected by the Court today upholding the decision of the Family Court and holding that even though the wife is working, the husband is legally and morally responsible for the upbringing of the wife and children.
The Court considered and submitted:
Under Section 125 of CrPC, there is a provision to prevent maintenance stray. The wife has an equal right to a life in which she is happy and enjoying being with her husband. The husband is considered to be a competent person, and hence, he cannot avoid the legally bound responsibility for the discharge of his family.
A revision petition was filed by the husband on December 7, 2018, challenging an order of the District Judge of the Family Court, ordering the wife to pay Rs 3,500 per month and the minor daughter Rs 1,500 per month in the final was given.
The petitioner stated that they had married on April 29, 2017, and their daughter, who is now living with her mother, was born in March 2018.
The husband told that she started quarreling after marriage, due to which both started living separately. The petitioner further submitted that his wife has done MA, B.Ed and is a well-paid teacher, while she is also working as a trainer under the welfare scheme.
She has not received her salary since February 2021 due to Covid. So she is dependent on her husband for financial help.
He also told that he has filed a divorce petition in the court under Section 13 of the Hindu Marriage Act as he is fed up with his wife and does not want to live with her.
While issuing the order, a bench of Justice Rajesh Bhardwaj observed that there have been several judgments passed by the Supreme Court, which make it clear that it has become an established law that even though the wife earns, the husband is legally and morally her husband. entitled to maintenance.
According to Justice Rajesh Bhardwaj, purpose alimony under section 125 of CrPC. The purpose of CrPC is to prevent irregularities.
