Will Court reduce maintenance if I leave my job or join some small job?
Many clients come with a query that whether it is advisable to leave a job or join some small job. Will the court consider this and reduce the maintenance?
I will answer this question with my own experience and the recent Judgement of the Delhi High Court.
In my own case which is still running Gurugram court. The wife was earning and had a child. The husband resigned from the job and was earning around Rs. 120000/- the husband cited that he was fired from the organization.
I argued that he was working in this company for the last 6 years and in order to avoid maintenance he resigned voluntarily.
The court decided in my favor and Rs. 25000/- maintenance was awarded in the case. The court said that since the husband is able-bodied he can find a job at the same level.
Now in a recent case of Sandeep Walia Vs. Monika Uppal the husband said that she was working at NIIT and left the job for better prospects and due to the recession he is unable to find a new job. He showed his expenses as Rs. 32000/- and now working as a driver at his uncle’s place.
The plea of the petitioner that he does not have any means to pay
is, therefore, rejected. He is a healthy able-bodied person and is in a
position to support his wife. He is under the legal obligation to support
his wife and to pay maintenance under Section 125 of Cr.P.C. It is
sacrosanct duty to render financial support and there is no escape
route unless there is an order from the Court that the wife is not entitled
to get maintenance from the husband on any legally permissible grounds.
The bald submission that the petitioner does not have any source of income is
no ground to exonerate him from the liability of maintaining his wife
under the facts of the present case. Even experience shows that actual
income is normally not disclosed by the parties. Under such
circumstances, it is always safe to come to a realistic conclusion
considering the status of the parties and their lifestyle etc.
The court will fix maintenance as per the standard of living and lifestyle of the parties.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
