The Husband Can’t Be Allowed to Overlook his Responsibility for Maintaining his Divorced Wife & Daughter on the Ground of Inadequacy of Carry Home Pay

The husband can’t be allowed to overlook his responsibility for maintaining his divorced wife & daughter on the ground of inadequacy of carry home pay

The Tripura High Court has observed thathusband can’t be allowed to overlook his responsibility for maintaining his divorced wife & daughter on the ground of inadequacy of carry home pay, and ordered to pay the him Rs.17,000/- per month to his divorced wife for her maintenance and maintenance of their daughter.

Brief of facts

Marriage between the parties was solemnized in accordance with the rites and customs of Hindu marriage on 02/02/2003. After marriage, a daughter was born to them within their wedlock. Few years thereafter, matrimonial dispute developed between them for various reasons and the wife left the company of her husband along with her daughter and started living with her parents.

 Since the wife had no income and she was thus unable to maintain herself and her daughter, she claimed maintenance allowance under Section 125 of the Code of Criminal Procedure (Cr.P.C hereinafter) in the Family Court at Agartala. The Judge, Family Court by his order dated 01.11.2006 allowed her petition and taking into consideration the income of her husband and her needs allowed monthly maintenance allowance of Rs.2200/- to her and Rs.800/- to her daughter.

In the year 2018, she filed a petition in the Family Court for raising her monthly maintenance allowance from Rs.5,000/- to Rs.23,500/- per month. The husband argued before the Family Court that his divorced wife (the petitioner) had income from her employment and she was quite able to maintain herself.

The Family Court noted that his monthly salary was Rs.62,400/- and after considering the amount of his carry home pay after deduction and the rising needs of the petitioner and her daughter, enhanced the amount of maintenance allowance from Rs.5000/- to Rs.8000/- per month though the wife claimed Rs.23,500/- per month.

Arguments of Husband before the High Court

The husband submitted that after divorce with the petitioner, he re-wedded and his present wife is a dependent of him. The husband further submitted that both he and his present wife suffer from various kinds of ailments for which they have a recurring medical expenditure.

Observation of the Court

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Observing that there was no proof of any serious ailment of them, the Court held that,

His divorced wife i.e. the petitioner on the other hand is struggling with their daughter for survival. Admittedly, the daughter is a school going child and Rs.8, 000/- which has been sanctioned by the Family Court is not at all adequate for them particularly when the husband is capable of paying more.”

The court, in its Judgment, also ruled that there cannot be any denial of the fact that Rs.8,000/- per month is far less than adequate for the petitioner to maintain herself and her daughter who is a school going child.

“Though (the husband) earns Rs.62,400/- per month his carry home pay has been reduced due to contribution of Rs.15,000/- to GPF and GPF recovery of Rs.10,000/-. The husband can bring down these amounts by contributing less to GPF and raising the number of instalments for recovery of loan taken from GPF. He cannot be permitted to ignore his responsibility for maintaining his divorced wife and daughter on the ground of inadequacy of carry home pay,” the bench noted.

Hence, the husband was ordered to pay an sum of Rs.17,000/- to the petitioners as monthly maintenance allowance by depositing the money in the savings bank account of the wife.  Also, he was ordered that maintenance allowance at the enhanced rate ordered by the Court shall be paid w.e.f. the date of the impugned order i.e. from 30th May 2019.

Case title – Supriya Bhattacharjee and another v. Debabrata Chakraborty

Citation: Crl. Rev. P No.55/2019

Coram: THE HON’BLE MR. JUSTICE S. G. CHATTOPADHYAY

The husband can’t be allowed to overlook his responsibility for maintaining his divorced wife & daughter on the ground of inadequacy of carry home pay

Also Read: Husband Isn’t Permitted To Seek Information Regarding Bank Details & Income Tax Returns Of His Wife Under The RTI Act: CIC

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