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| HC rejects husband's plea against Rs 5000 maintenance to wife | | | Early Times Report
Srinagar, Apr 10: The state high court has dismissed a petition filed by a person challenging payment of Rs 5000 as maintenance to his divorced wife.
"In Law, it is duty of the husband to maintain his wife. The maintenance can be denied only on the recognised legal grounds. The court while considering the application for grant of maintenance has to consider the relevant factors which may at times include the earning capacity of the husband," the single bench of the court comprising Justice Muzaffar Hussain Attar said.
However, the maintenance cannot be denied to the wife on the ground that the husband has no means of income, the court said. "The husband is duty bound to maintain his wife and for that he may even work as a labourer or do any other kind of lawful work. The husband cannot refuse to maintain his wife by stating that he has no means of income and he is an idle person," the court said
It said petitioner being a Pharmaceutical Distributor has sufficient means to pay maintenance at Rs. 5000/- per month to the wife.
"In the present times, when prices are sky rocketing, it is otherwise very difficult for a person to maintain himself on a meager amount of Rs. 5000/- per month. This is minimum amount which has been ordered to be paid to the respondent. No illegality has been committed by Subordinate courts in awarding maintenance," the court added. |
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