A case related to divorce and maintenance is under discussion in the Supreme Court, in which the husband’s monthly salary was stated to be Rs 9,000, while the wife demanded to give him an alimony of Rs 12,000 per month.
New Delhi: During the hearing of the divorce case in the Supreme Court, the husband claimed that he is unable to pay an alimony of Rs 12,000 every month to his wife. He said that he is a daily wage laborer and gets only about Rs 325 every month. He told the court that no matter how hard he works, he barely earns Rs 9,000 per month. In such a situation, it is impossible for them to pay an alimony of Rs 12,000 per month.
The court will also keep in mind that the amount of alimony should be decided on the basis of the actual earnings and financial condition of the husband. The purpose of the court is to ensure that the wife gets justice, but the same should be determined according to the financial capability of the husband.
What is the matter?
In the case, the husband claimed in the court that he is a daily wage laborer and his earning is hardly Rs 9 thousand per month. He said that with such a low salary, he cannot give Rs 12,000 per month to his wife after divorce. The Supreme Court bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, did not believe this claim.
The court commented that in today’s time no company pays anyone less than the minimum daily wage. The court also said that this claim does not seem credible and verification can be done by calling the company Hindustan Auto Agency mentioned by the person.
Court’s tough stance
The Supreme Court told the husband that if he cannot pay alimony, he should keep his wife with him, so that he can cook food and support the children and his wife. Justice Sandeep Mehta said that it is the responsibility of the husband to arrange money for the wife’s maintenance and he has to ensure this by any means.
The court made it clear that this responsibility is not limited to just giving money. Whether the husband has to borrow money, seek help from family or friends, or raise money from other sources, he must maintain his wife.
Wife’s demand for two options
The wife presented two options before the court in the case:
- The husband should pay an alimony of Rs 12,000 every month, with a fixed increase every year.
- Pay Rs 30 lakh in one go.
This demand of the wife reached the Supreme Court after the decisions of the lower court and the High Court. The lower court had earlier granted divorce after paying him Rs 6 lakh. The husband’s lawyer George Pothan argued that his client was telling the truth about his earnings and was ready to file an affidavit on this. However, the Supreme Court called it impossible and said that in such a case merely making a claim is not enough, the responsibility has to be fulfilled.
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