Punjab and Haryana High Court (File)The Punjab and Haryana High Court (HC), citing a judgment of the Supreme Court in a matrimonial dispute, held that, “woman has right of same living standard, which she was enjoying while living with her husband”.
The Bench of Justice Rajesh Bhardwaj dismissed the plea of the petitioner wherein he sought quashing of an order of Family Court that granted interim maintenance at Rs 3000 per month to his wife. The petitioner had submitted before HC that the Family Court has fallen in error in granting the interim maintenance to respondent (wife) at Rs 3000 per month (in total).
His counsel further submitted that though the relationship between the parties is not in dispute, however, the petitioner has neither neglected the respondent nor refused to maintain her and therefore, he is not liable to pay any monthly allowance. It was contended that without any reason, the respondent deserted the petitioner and hence, the conclusion arrived at by the learned Family Court is unsustainable in the eyes of law and the same deserves to be quashed.
Justice Bhardwaj, after hearing the matter held, that petitioner and respondent got married in 2017. As per the allegations, the petitioner and his family used to torture the respondent mentally and physically for bringing less dowry and forced her to bring Rs 50,000 to expand the business of beauty parlour. He added that on July 17, 2018, the petitioner and his family thrashed the woman and threw her out of the house. “The provisions of Section 125 CrPC are for preventing destitution and vagrancy. The petitioner is an able bodied man and there is nothing on record to show that the respondent had deserted him. As per law, the husband is legally and morally responsible to look after his wife. And the maintenance granted by Family Court cannot be said to be on the higher side,” the court observed.