Wife sewing clothes entitled to maintenance on the national territory; Welder-husband is like a skilled worker with sufficient income: Rajasthan High Court
While hearing a maintenance case, the High Court of Rajasthan observed that the husband, who is a welder, is almost like a skilled worker, and hence, it cannot be presumed that he does not does not earn enough to support the applicant wife.
The court also held that even though the applicant wife sewed clothes in the country and had a source of income, the husband was also obliged to pay alimony to the wife as well as her two children.
Dr Justice Pushpendra Singh Bhatiwhile allowing the motion for criminal review, observed,
“This Court, having heard the submissions and analyzed the case file, is firmly of the opinion that even if the applicant wife sews clothes in the country, she is also entitled to obtain alimony. The respondent husband #2 is a welder, which is almost like a skilled worker, and therefore, it cannot be assumed that he does not earn enough to support the applicant wife, even if the applicant wife has a source of income, so there are also three family members which Respondent No.2-spouse is bound to maintain. In the given circumstances, this is a proper case for an award of spousal support to the petitioner wife.”
Essentially, the petitioning wife’s case is that she and her two children are living separately with her husband and have applied for child support, which was partially cleared by the family court and the children were awarded child support of a sum of Rs.3000/- per month each. However, maintenance was not granted to the applicant wife as she was familiar with tailoring work and sewed clothes for ladies at the domestic level. Agreed by the same, the wife filed the present application for criminal review in the High Court.
The court was told that child support had not been paid after the contested order was passed.
In this regard, the court ordered that the applicant wife should also receive monthly alimony in the amount of Rs 3,000/- from the date of filing of the original application. However, the court clarified that the previously awarded monthly child support would remain in accordance with the disputed family court order.
Adv. Kuldeep Sharma appeared for the petitioner while Adv. Mukesh Trivedi and PP Mahesh Khayani appeared for the respondents.
Case title: Sarvjeet Kaur v. State of Rajasthan & Anr.
Quote: 2022 LiveLaw (Raj) 186
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