Unemployment will not be a plea to refuse upkeep: HC: The Tribune India

Tribune news service

Chandigarh, June 7th

The Punjab and Haryana High Court has made it clear that there is no way an estranged husband can evade the moral and legal responsibility to support his legally married wife and minor daughter. The bank also made it clear that an employable person cannot invoke the plea of ​​unemployment in order to avoid the payment of alimony.

Judge HS Madaan’s allegation came in a case where the petitioner’s husband alleged that he was unemployed and that the monthly maintenance amount awarded by the family court was higher than 9,000 rupees.

Judge Madaan claimed the husband was a healthy person. He had denied teaching college on a monthly salary of Rs 40,000. Rather, he claimed he was unemployed. But the fact remained that he was a healthy person.

Taking into account the facts and circumstances as well as his probable earning capacity, the maintenance amount of 9,000 rupees was granted. Given the rising prices of even the basic necessities, their expected income and the economic situation of the parties, this amount can certainly not be considered higher.

“It is both a moral and legal responsibility of the revisionist / supplicant to support his legally married wife unable to support herself or his minor daughter. The revisionist cannot avoid this responsibility in any way, ”said Judge Madaan.

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