Man Can't Ignore Responsibility To Maintain Divorced Wife & Daughter On The Ground Of Inadequacy Of Carry Home Pay: Tripura High Court
The Tripura High Court last week ordered a husband to pay Rs.17,000/- per month to his divorced wife for her maintenance and maintenance of their daughter, while noting that the husband can not be allowed to neglect his responsibility for keeping his divorced wife & daughter on the ground of inadequacy of carrying home pay.
A criminal revision petition was heard by the Bench of Justice S. G. Chattopadhyay, in which the divorced wife opposed the order of the Family Court, Agartala, whereby the monthly maintenance allowance payable to her was raised from Rs.5000/- to Rs.8000/- refusing her appeal to raise the sum from Rs.5000/- to Rs.23,500/- per month. On February 02, 2003, the couple got married and a daughter was born to them within their wedlock. A few years later, for different reasons, marital problems arose between them and the wife left her husband's business with her daughter and began living with her parents. On 16 September 2010, Agartala passed a decree of divorce dissolving their marriage on the request of the Husband, the Family Court, and while directing the divorce suit, the Family Court granted the petitioner a monthly maintenance allowance of Rs.5,000/-.The husband stated before the Court that after the divorce with the petitioner, he remarried and his present wife is a dependent of him. He also claimed that he and his current wife both suffer from different types of illnesses for which they have a chronic medical expense. In its judgment, the court also noted that the fact that Rs.8,000/- per month is much less than sufficient for the petitioner to retain herself and her daughter, who is a school-going girl, can not be denied.
Finally, by depositing the money in the wife's savings bank account, the husband was allocated to the petitioners as a monthly maintenance allowance to a sum of Rs.17,000/-(rupees seventeen thousand).