The Punjab and Haryana High Court is one of those where judge vacancies haven't been filled up in many years | Photo: sssc.gov.in
The Punjab and Haryana High Court is one of those where judge vacancies haven't been filled up in many years | Photo: sssc.gov.in
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New Delhi: The Punjab and Haryana High Court has allowed a man to provide rice, sugar, ghee, pulses and wheat every month to his estranged wife instead of paying her an interim maintenance.

The order was passed Monday by Justice Raj Shekhar Attri.

The woman’s lawyer, Sunny Namdev, told ThePrint that the couple got married in July 2007, and has two children. While the husband has filed a petition for divorce, the wife has filed for the restitution of conjugal rights.

Family court’s order

The case is being heard by a family court in Bhiwani, which had directed the husband to pay Rs 5,000 per month as interim maintenance, through an order passed on 2 June. The wife was also awarded Rs 11,000 as litigation expenses.

The order took note of the wife’s allegation that she was beaten up by the husband for dowry, and hence, has been living separately. The husband has claimed that the wife is a “quarrelsome lady” and that she left the house “on her own sweet will, without any excuse”.

Allowing the wife’s application, the court observed: “Being able bodied person, respondent is duty bound to maintain/to pay maintenance amount to his legally wedded wife. There is no evidence on case file that petitioner is having any source of income (sic).”

However, the husband approached the high court challenging this order.

High court hearing

During the hearing in the high court on 15 July, the man’s lawyer informed the court that instead of money, he is ready to give “20 kg rice, 5 kg sugar, 5 kg different pulses, 15 kg wheat and 5 kg pure ghee per month; three wearing suits quarterly and two litre milk every day” to the wife.

The court accepted the request, and ordered the husband to send these to the wife within three days. He was also directed to clear the arrears of maintenance, and submit an affidavit stating the same before the next date of hearing, 25 July.


Also read: Second marriage valid even if divorce plea of first marriage pending in courts: SC


 

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