Legal provisions involved: Section 125 of the Code of Criminal Procedure, 1973 (Section 144 of BNSS)

Judgement by: Delhi High Court

Judge/bench: Justice Swarana Kanta Sharma

Facts

The husband challenged the Family Court order which directed him to pay interim maintenance to his wife and daughter. The couple was living separately due to marital disputes. Their son was living with the husband, while the daughter stayed with the wife. 

The wife stated that she was not earning, lived in a rented house, and depended on her parents for support. The husband claimed that he was already taking care of the son and that the wife had her own income.

Key legal provisions

Section 125 CrPC (now Section 144 of BNSS, 2023)  ensures financial support to a wife and children who are unable to maintain themselves.

Issues raised

Whether the husband can be excused from paying maintenance to the wife and daughter because one child is in his custody?

Arguments of the case

The husband argued that since he was maintaining the son, he should not be made to pay maintenance to the wife and daughter. The wife denied having any income and stated that the husband had sufficient earning capacity.

Judgement

The Delhi High Court held that having custody of one child does not free the husband from his duty to maintain the wife and the other child. The court slightly reduced the maintenance amount and directed the husband to pay ₹17,500 per month as interim maintenance.

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