High Court Decision: In the matter of giving alimony to the wife, the High Court accepted the decision of the Supreme Court as precedent, gave this order
High Court Alimony Decision: Fights between husband and wife are often heard, but when the matter reaches the court, the situation worsens. In the court, the wife demands alimony for herself along with divorce cases and many other things. In such a situation, the husband has to give all this to the wife (alimony) as per law. But if the husband does not earn anything, will he have to pay maintenance to his wife? One such case came up in Patna High Court on which the High Court gave a big decision. Let us know it in detail.
The Kalamkar News, Digital Desk-The High Court, citing the decision passed by the Supreme Court in (Anju Garg vs. Deepak Kumar Garg), said that for a person whose income related decision has no document. and he claims to be unemployed, the monthly salary should be considered notional on the basis of Minimum Wages Act.
This was the whole matter-
In fact, on behalf of the case applicant, the court was told that he has no earning. He helps his father in selling Panipuri in Kolkata. This earns only Rs 200 per day. In such a situation, it is not possible to give four thousand rupees per month to the wife.
On this, the court said that after looking at the records of the case, it appears that neither party has presented any income documents in support of the income. In the absence of any document, it will be assumed that the applicant is working as a daily wage labourer.
High Court gave this decision-
Patna High Court has clarified in one of its decisions that even a person whose income is not even one rupee will have to pay four thousand rupees per month as maintenance allowance to his wife.
A single bench of Justice Vivek Chaudhary gave this order after hearing the court application filed on behalf of Dheeraj Kumar. In a case related to Shekhpura district, the lower court had ordered to pay Rs 4,000 as alimony to the wife under section 125 of the CrPC. The applicant had challenged this order by filing a petition in the High Court.
On this, the High Court cited the Supreme Court decision Anju Garg vs Deepak Kumar Garg. The court said that the monthly salary of a person whose income is not recorded in the income records and claims to be unemployed should be considered on the basis of the Minimum Wages Act. The daily minimum wage of a person in the state is fixed at Rs 400. Therefore the court considers his estimated income to be Rs 400 per day.
Thus the applicant earns Rs 12 thousand per month as daily wages. The court said that the applicant is bound to give one-third of his income to his wife as maintenance. Along with giving the verdict, the court rejected the applicant's application.