Madras High Court has dismissed a Criminal Revision Petition filed by a Husband against the order of Family Court which directed him to grant maintenance at the rate of Rs.5,000/- per month to his wife and daughter.
The Counsel for the Petitioner argued that his client is a poor postman and he is taking care of a very big family, consisting of aged old mother, widowed sister, their children. What he was getting after deduction, is only Rs.20,499/-. His wife is employed in a shop in Madurai. She is also earning.
But the counsel for the respondent/wife submitted that there is no evidence that the wife is earning. She has a 2 years old kid. It is not that their mother is being taken care of by petitioner alone. He himself admitted in evidence that his other brother also contributes for the maintenance of their mother. Therefore, the maintenance granted by the Trial Court cannot be faulted.
Justice P. Devadass dismissed the Revision Petition holding that there is no evidence to establish that the 1st respondent is employed. He also added that
“Even then, it is immaterial. Because under Hindu Law an husband should maintain his wife. A Hindu husband will not say that his wife must go to work and get herself maintained. No where an Hindu husband, while marrying a lady will say, I will marry you provided you must work and earn and feed herself. It would be against Hindu philosophy. So this is one aspect of the matter’
“The revision petitioner is a Central Government employee. Even after deductions, from his salary is Rs.23,000/- he is receiving more than Rs.20,000/-. Further, there is upward annual revision of salary of every 6 months D.A. increases. Central Government / State Government employees salary always increases”, the Court added
Read the order here.