Husband ought to pay the journey bills of the spouse in case of upkeep

  • Nikunj Soni
  • 01/24/2022 06:00 am

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High Court

Gujarat High Court has ordered a man to pay his estranged wife Rs 1,000 and other utilities to enable her to travel from Ahmedabad to attend court hearings in Gandhinagar over alimony payments.
While the court ordered the husband to pay the costs, it also dismissed a request made by the wife to have the alimony case transferred to Ahmedabad.
The case concerns Nimisha and Nimit (names have been changed), who married in Ahmedabad in 2013. The couple has a daughter from the marriage. Nimisha later separated from her husband citing alleged molestation and atrocities. She moved in with her parents in Ahmedabad and later filed for divorce. In a separate application, she applied for maintenance payments under Section 125 StPO for her minor daughter.
She then submitted a petition to the Gujarat High Council to move the case to Ahmedabad. The petition detailed her difficult living conditions over the past three years and said she lacked sufficient means to survive as she was abandoned by her husband with no financial help. She stated that the distance between Gandhinagar and Ahmedabad is 40 km but she cannot get anyone to accompany her and her teenage daughter to travel to the court as both of her parents suffer from multiple illnesses.
She said her poor health had resulted in severe fatigue and sleepiness and her teenage daughter had recently been diagnosed with Covid.
The husband objected to the request on the grounds that the distance between Ahmedabad and Gandhinagar is not that great and it is hardly an arduous journey for them.
The court dismissed the wife’s claim but ordered the husband to pay her Rs 1,000 plus costs once she comes to court.

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