In a petition against the order of the Family Court for payment of maintenance, Justice Jagmohan Bansal observed that it is a statutory as well as a social and moral duty of a Man towards the wife and the children and he cannot be permitted to deflect from the same especially when he is a high ranked officer and can pay the maintenance.
Brief Facts:
The petitioner has filed this petition to set aside the order dt. 12.12.2022 as per which the Additional Principal Judge, Family Court, Sonipat had allowed maintenance of Rs. 55,000/- per month to the respondents, out of which Rs. 25,000/- were to be given to respondent No. 1, wife, and Rs. 15,000/- per month each to respondents No. 2 and 3, the minor daughters of the petitioner.
The petitioner and respondent No. 1 were married as per the Hindu rites and rituals, and they had two children who were currently staying with their wife. They had their differences and started staying separately, then the respondent preferred a petition under section 125 CrPC for maintenance and the Family Court of Sonipat through the order date. 12.12.2022 awarded maintenance of Rs 55,000/- and the petitioner has filed this petition to set aside the same.
Contentions of the Petitioner
The Petitioner has contended that he is working in the Indian Army as a Lieutenant Colonel, but his carry-home salary is Rs. 66,000/- per month, and thus he cannot pay Rs. 55,000/- per month to the respondents.
Observations of the court:
This Hon’ble Court noted that the carrying home salary of the petitioner was around Rs. 66,000/- as he was making payments towards the home loan and car loan. The Court also noted that the petitioner was in a very high-ranking position and accordingly had more social and moral responsibility towards his family members. Further, the petitioner is able to pay a hefty amount towards the loans but is trying to deflect from his responsibility towards his legally wedded wife and his children and the petition cannot be permitted to deflect from his responsibility which is not only statutory but also social and moral.
Judgment of the Court:
The findings as recorded by the Family Court were found by the court to be quite fair and convincing and the court did not find any illegality in the impugned order. The petition was dismissed and the order of the Family Court was upheld.
Case Title: Sh. Sandeep Malik v. Renu and others
Coram: Honourable Mr. Justice Jagmohan Bansal
Case No.: CRR(F)-314 of 2023(O&M)
Advocate for the Appellant: Mr. Shobhit Rapria, Advocate
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