18 June 2022

‘It Cannot Be Assumed That; He Is Not Earning Enough’: Rajasthan High Court Orders Welder Man to Pay Tailor Wife Maintenance

Case- Sarvjeet Kaur v. the State of RajasthanandLakhveer Singh

In a recent case involving maintenance, the Rajasthan High Court ordered a man, who worked as a welder, to pay maintenance to his wife, who earned money by sewing clothing at home.

The husband was a welder, which is similar to a skilled worker, thus it could not be assumed that; he not earning enough to support his wife, according to Justice Pushpendra Singh Bhati’s bench.

“Even if the petitioner-wife has a source of income, the respondent No.2-husband is responsible for the support of three family members. It is a proper case for the petitioner-wife to be granted support under the conditions “The court said.

The lady (wife/petitioner) filed a Criminal Revision Petition at the Supreme Court, disputing the Family Court’s decision. The wife asked the court to overturn the lower court’s decision and force the husband to pay her Rs.10,000 in monthly maintenance.

The mother and her two children were living apart from one another. As a result, they petitioned the; Family Court for maintenance, which partially granted, and the children were each paid Rs.3000 per month in maintenance. The wife’s support claim was denied by the lower court because she learned; tailoring and was making money at home by sewing garments for the women.

The husband, on the other hand, stated that he works as a welder and that he does not have enough money to support his two children and his wife. The High Court ruled that; even though the petitioner-wife  sewing clothing at home, she was still entitled to support. As a result, the Court granted the revision petition and annulled the Family Court ruling denying the petitioner-wife support. From the date of filing the original plea, the court ordered that; the petitioner-wife be provided monthly maintenance in the amount of Rs.3000.

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