NEW DELHI: A Delhi Court set aside an order directing a man to give interim maintenance to his wife who got a job, noting that the inflation rate and growing expenses can be affected the husband too. As per the earlier order, the husband was directed to pay interim maintenance of Rs 4,000 each to his wife and his minor child.
During the course of proceedings before the Trial Court, it came to the notice of the appellant (man) that the respondent (wife) was working as an Anganwadi Worker and was earning around Rs.15,000 per month. Pointing out this, he moved an application seeking modification of the order that directed him to pay maintenance to the woman, which was rejected by the trial court and prompted him to move an appeal.
Setting aside the earlier order to pay the respondent’s wife, Additional Sessions Judge Sunil Gupta of Saket Court observed that the trial court committed an error in not modifying the order, considering the subsequent employment and resultant income of the respondent (wife).
“The inflation rate and growing expenses of the child cannot be such factors so as to dismiss the application of appellant altogether when there is not much gap between the monthly income of the two spouses,” the court said, modifying the trial court order and directed the man to continue to pay a sum of Rs 4,000 per month to the minor child for his maintenance.
Adv Vinay Pandey, appearing for the appellant, argued that the Trial Court has dismissed his application without appreciating the facts and law applicable thereupon in the correct perspective.