May 29, 2019:
The Delhi High Court has ruled out in favour of the husband who has been living separately from his wife and had entered into a 'maintenance contract' with her (who was having the parenting responsibility of the two daughters the two had produced out of their marriage.)
He has pleaded for the alteration of contract made claiming that he has lost his private source of income which was also his major source of income. His application has been rejected by the Metropolitan Magistrate considering his fitness to work and reply from his wife's side. He then challenged the order in Court of Sessions where again he faced rejection.
Finally he moved to High Court with his plea. The petitioner has served in army and has been receiving pension ever since he has taken retirement. After quitting his services over there, he joined a private firm and kept working their till the time of the contract and thereafter. Later he left the job (as he claims) and thus demanded modification of the maintenance contract. His wife on the other hand is a self-sufficient person working as a lecturer. She denied claims of her husband leaving the job but eventually failed to present any strong evidence confirming the same.
The High Court took due diligence of the fact that she has been unable to prove the claims made by her husband false and baseless and holds true otherwise. It at last ruled out in favour of the applicant (her husband) and ordered for the reconsideration and modification of the maintenance contract made between the two.
The Judgement has been delivered by HON'BLE MR. JUSTICE R.K.GAUBA on 29-05-2019.
Read the Judgment here:
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