<p>Bengaluru: The high court has directed a BHEL employee to pay Rs 15,000 per month as maintenance to his wife from the date of application till her lifetime, citing the Apex Court ruling that a mere delay in approaching the court for maintenance does not disentitle wife from claiming maintenance. The husband has been directed to pay the arrears from March 2016 within two months.</p><p>The couple, both residents of Bengaluru, had got married in March 1985 and have three children, two daughters, both married now, and a son who is an autorickshaw driver. The wife contended that her husband is a drunkard and would always abuse her. The husband was residing in his wife’s parents’ house along with their three children. Although, he used to get a salary of Rs 74,000 per month, the wife’s parents helped the children in their education. It was further submitted that after the wife filed a police complaint in 2010, the husband had undertaken not to cause any harassment in future but continued his bad vices.</p>.West Bengal election result a warning signal for Congress in Karnataka: Pralhad Joshi.<p>The wife stated that her mother had borne the expenses for the marriage of two daughters and that the husband had not paid any money. In 2016, the wife moved the family court seeking maintenance. On January 30,2018, the family court rejected her application observing that the wife had not taken any steps for 13 years about alleged harassment, even though they were living separately. The wife challenged this order before the high court.</p><p>Justice K Manmadha Rao cited two judgements of the Apex Court while allowing the wife’s petition. The court said in the Rajathi v/s C Ganesan case, the top court held that the statement of the wife that she is unable to maintain herself would be enough and it would be for the husband to prove otherwise. In a case under CrPC section 125 of CrPC (interim maintenance), the trial court is to take a prima facie view of the matter, and it is not necessary for the court to go into the matrimonial disputes between the parties in detail, the court said.</p><p>”Mere delay on the part of the wife, parents or children is not sufficient to hold that the applicants have waived their right. It has been clarified that there is no waiver against the statutory right. Considering the cost of living for sustenance and medical expenses, it would be just and reasonable to award a sum of Rs.15,000 to the petitioner-wife towards monthly maintenance,” Justice Manmadha Rao said, adding that monthly maintenance must be paid from the date of petition till her lifetime.</p>
<p>Bengaluru: The high court has directed a BHEL employee to pay Rs 15,000 per month as maintenance to his wife from the date of application till her lifetime, citing the Apex Court ruling that a mere delay in approaching the court for maintenance does not disentitle wife from claiming maintenance. The husband has been directed to pay the arrears from March 2016 within two months.</p><p>The couple, both residents of Bengaluru, had got married in March 1985 and have three children, two daughters, both married now, and a son who is an autorickshaw driver. The wife contended that her husband is a drunkard and would always abuse her. The husband was residing in his wife’s parents’ house along with their three children. Although, he used to get a salary of Rs 74,000 per month, the wife’s parents helped the children in their education. It was further submitted that after the wife filed a police complaint in 2010, the husband had undertaken not to cause any harassment in future but continued his bad vices.</p>.West Bengal election result a warning signal for Congress in Karnataka: Pralhad Joshi.<p>The wife stated that her mother had borne the expenses for the marriage of two daughters and that the husband had not paid any money. In 2016, the wife moved the family court seeking maintenance. On January 30,2018, the family court rejected her application observing that the wife had not taken any steps for 13 years about alleged harassment, even though they were living separately. The wife challenged this order before the high court.</p><p>Justice K Manmadha Rao cited two judgements of the Apex Court while allowing the wife’s petition. The court said in the Rajathi v/s C Ganesan case, the top court held that the statement of the wife that she is unable to maintain herself would be enough and it would be for the husband to prove otherwise. In a case under CrPC section 125 of CrPC (interim maintenance), the trial court is to take a prima facie view of the matter, and it is not necessary for the court to go into the matrimonial disputes between the parties in detail, the court said.</p><p>”Mere delay on the part of the wife, parents or children is not sufficient to hold that the applicants have waived their right. It has been clarified that there is no waiver against the statutory right. Considering the cost of living for sustenance and medical expenses, it would be just and reasonable to award a sum of Rs.15,000 to the petitioner-wife towards monthly maintenance,” Justice Manmadha Rao said, adding that monthly maintenance must be paid from the date of petition till her lifetime.</p>