Wife entitled to maintenance money after receiving alimony: Punjab High Court.
The Punjab High Court in Sunil Sachdeva v/s Rashmi and another (CRM-M-5732 of 2017 (O&M), held that the wife is eligible for maintenance money even after the receiving the alimony money from the husband. The judgement was delivered on 23rd December, 2023 and was presided by Honourable Mrs. Justice Amarjot Bhatti.
FACTS OF THE CASE:
An alimony of ₹3 lakhs was was deposited by the husband as a full and final alimony. The couple were married in the year 1983 and separated in the year 1993. The wife, in the year 2007, under section 125 for maintenance filed a plea and contested for an additional amount of ₹15,000 per month. The reason attributed to this amount was her retirement in 2018 and the earnings of ₹17,000 per month. Everyday expenses, accommodation, electricity were difficult to pay for in that sum. Moreover, her two children being college students, the expenditure had to be fulfilled with additional money. The petitioner husband contested against this under section 482 CrPC.
JUDGEMENT:
The court held that it was not possible for a lady to survive with her two children in a meagre amount of the alimony money of ₹3 lakhs. Further, a meagre salary of ₹17,000 is insufficient to bear the everyday expenses as well as to provide for her two children who were in professional colleges. Apart from this, their daily expenditure, food, clothing, transportation, medical expenditure as and when required and other social obligations. The respondent also was in no possession of any moveable or immovable property. The court held that the respondent was thereby justified in filing a plea under section 125 CrPC. The judgement was delivered in favour of the respondent and the court granted directed the petitioner to provide ₹15,000 to the respondent every month as maintenance money.
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JUDGEMENT REVIEWED BY ARYA THAKUR.
