{"id":258940,"date":"2021-12-23T16:00:08","date_gmt":"2021-12-23T10:30:08","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=258940"},"modified":"2021-12-31T01:26:33","modified_gmt":"2021-12-30T19:56:33","slug":"many-a-times-wives-sacrifice-their-career-only-for-family","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/12\/23\/many-a-times-wives-sacrifice-their-career-only-for-family\/","title":{"rendered":"\u201cMany a times wives sacrifice their career only for family\u201d Can interim maintenance be denied if wife is capable of earning? Del HC elaborates"},"content":{"rendered":"

Delhi High Court: <\/strong>While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the wife is capable of earning is no ground to deny interim maintenance to her. Many a times wives sacrifice their career only for the family. <\/strong><\/p>\n

Instant petition was filed by an Indian Army colonel to set aside the order passed by Family Court wherein the Court passed an order under Section 125 CrPC directing the petitioner to pay monthly maintenance of Rs 33,500 to the respondent.<\/p>\n

Revisionist Petitioner submitted that there were glaring inconsistencies that were in the order as a result of suppression of facts made by the respondent. He contended that the respondent was disqualified from being given maintenance as she was in an adulterous relationship and was living in adultery with an army senior of the petitioner.<\/p>\n

Further, he submitted that the respondent and her paramour were having an affair behind his back and the paramour was known to the couple as a family friend from the time they had gotten married in 2002.<\/p>\n

Adding to the above, it was submitted that Section 125(4) CrPC was attracted which stated that a person living in adultery would not be eligible for claiming maintenance from her separated spouse.<\/p>\n

Petitioner submitted that the respondent was disqualified from receiving maintenance on the ground that she was employed as a teacher previously and was making a living. Respondent had an earning capacity and could maintain herself without the financial support of the petitioner as sanctioned by law.<\/p>\n

Submission of the respondent\u2019s maintenance claim was to be decided in accordance with the Army Order, the same would be decided by the Army Officials of the Armed Tribunal and the jurisdiction exercised by the Family Court was wrong and improper. Hence, the entire proceedings before the family court were null and void.<\/p>\n

Petitioner lastly submitted that the respondent had suppressed the fact that she was capable of earning.<\/p>\n

Analysis, Law and Decision<\/span><\/h4>\n

While analyzing the matter, High Court noted that the material on record disclosed that the children were with the petitioner from 2015 and hence the respondent was not entitled to two shares and Trial Court ought to have granted Rs 14, 615 per month as interim maintenance to the respondent.<\/p>\n

Bench expressed that the petitioner\u2019s contention that he was covered by the Army Order and therefore trial court fixing maintenance was contrary does not hold water.<\/strong><\/p>\n

It cannot be said that the Army Order would override the provisions of Section 125 Cr.P.C and that the Army personnel are covered only by the Army Order and that Section 125 Cr.P.C would not apply to Army Personnel.<\/em><\/p>\n

\u00a0<\/em>With regard to the contention of the wife living in adultery, she raised a very interesting counter-argument that one incident of adultery cannot lead to a conclusion that she is living in adultery.<\/p>\n

Court referred to the decision dated 22-8-2020 regarding custody of children to the father which did not conclusively prove that the wife committed adultery or was living in adultery.<\/p>\n

Examining the above contention further, High Court stated that it will not go into the issue of whether the wife is living in adultery or not.<\/p>\n

The Bench added that if it was conclusively proved that the respondent was living in adultery and was not entitled to maintenance at all, the trial court could pass appropriate order for the return of the maintenance amount if it deemed it fit and keeping in mind the object of Section 125 CrPC was to prevent vagrancy and destitution of a deserted wife.<\/p>\n

Hence, revision petition was allowed in part and the petitioner was directed to pay a sum of Rs 14, 615 as interim maintenance to the wife.<\/p>\n

“This Court is not inclined to disturb the portion of the impugned order which has directed the petitioner herein to pay a sum of Rs 9,000\/- per month to the respondent herein w.e.f. date of filing of the petition till December, 2016.”<\/em><\/p>\n

In view of the above, a revision petition was allowed in part. [Col Ramnesh Pal Singh v. Sugandhi Aggarwal, 2021 SCC OnLine Del 5497<\/b><\/a>, decided on 21-12-2021]<\/p>\n

\n

Advocates before the Court:<\/strong><\/p>\n

For the Petitioner: Petitioner-in-person<\/p>\n

For the Respondent: Respondent -in-person<\/p>\n","protected":false},"excerpt":{"rendered":"

Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the <\/p>\n","protected":false},"author":8808,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2638,48143,2543,2864,29785,42834,2549,12531],"class_list":["post-258940","post","type-post","status-publish","format-standard","hentry","category-casebriefs","category-highcourts","tag-adultery","tag-army-order","tag-Delhi_High_Court","tag-family_court","tag-law","tag-legal-news","tag-maintenance","tag-section-125-crpc"],"yoast_head":"\n\u201cMany a times wives sacrifice their career only for family\u201d Can interim maintenance be denied if wife is capable of earning? 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The above order was made by the Magistrate while deciding the\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":196396,"url":"https:\/\/www.scconline.com\/blog\/post\/2018\/05\/24\/wife-has-an-absolute-right-to-maintenance-under-section-125-crpc-unless-disqualified\/","url_meta":{"origin":258940,"position":2},"title":"Wife has an absolute right to maintenance under Section 125 CrPC, unless disqualified","author":"Saba","date":"May 24, 2018","format":false,"excerpt":"Madras High Court: The Single Judge Bench comprising of M.V. Muralidaran J., held that \u201cIf the husband is healthy, able-bodied and in a position to support himself, he is under the obligation to support his wife under Section 125 CrPC, for wife\u2019s right to receive maintenance under the Section, unless\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":246092,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/03\/25\/maintenance-5\/","url_meta":{"origin":258940,"position":3},"title":"Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son","author":"Bhumika Indulia","date":"March 25, 2021","format":false,"excerpt":"Delhi High Court: Subramonium Prasad, J., partly allowed a revision petition filed by the husband and reduced the amount of interim maintenance granted to the respondent-wife and son from Rs 12,500 per month to Rs 4,500 per month. While so deciding, the Court held that: \"It is trite law that\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":270364,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/07\/20\/delhi-high-court-emphasizes-on-the-importance-of-husbands-fathers-obligation-towards-estranged-wife-child-upholds-maintenance-decree-granted-by-family-court\/","url_meta":{"origin":258940,"position":4},"title":"Delhi High Court emphasizes on the importance of husband’s\/father’s obligation towards estranged wife\/child; Upholds maintenance decree granted by Family Court","author":"Editor","date":"July 20, 2022","format":false,"excerpt":"The malafide intentions of an estranged husband is to depress his income as much as possible, for sadistic pleasure, of seeing the agony of someone, who has no choice, but to be dependent on him, may be dictated by egoistic propensity to also possibly teach his wife a lesson for\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Delhi High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/delhi_high_court.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/delhi_high_court.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/delhi_high_court.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/delhi_high_court.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/delhi_high_court.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":361580,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/09\/25\/ori-hc-unfair-to-generalise-wives-as-idle-women-burdening-husbands\/","url_meta":{"origin":258940,"position":5},"title":"Educated Wives cannot be generalised as idle women burdening husbands with maintenance: Insights from Orissa High Court Ruling","author":"Editor","date":"September 25, 2025","format":false,"excerpt":"Though her status as an Advocate was not disputed, the Court held that the wife and children were required to be maintained in law, commensurate to the standard of living of the husband\/father.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"wives as idle women","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/wives-as-idle-women.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/wives-as-idle-women.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/wives-as-idle-women.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/wives-as-idle-women.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/258940","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/8808"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=258940"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/258940\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=258940"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=258940"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=258940"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}