Wife not liable to pay maintenance
Posted by 498A_Crusader on July 11, 2007
NEW DELHI: The Supreme Court on Tuesday refused to entertain a petition filed by a husband seeking maintenance from his doctor wife alleging that she has deserted him at a time when he is jobless and finding it difficult to sustain himself.
A Rajkot court had in 2002 had directed petitioner, Pravinkumar Jayantilal Nagrecha, to pay a monthly maintenance of Rs 1,000 to his wife and daughter even though she is working as a doctor. This order was upheld by the high court and the apex court.
The petitioner was dismissed from service by Reliance on February 27, 2002, as he had to take frequent leave to attend several court cases filed against him by his wife. The woman has in all slapped 15 cases in three cities against her husband, counsel H A Raichira said.
Wanting to take benefit under Section 125 of the Criminal Procedure Code providing for maintenance to a woman separated from her husband, the petitioner had moved the apex court requesting it to interpret the law in such a manner that destitute husbands could also get benefit.
