Man moves Delhi court seeking maintenance from wife

Man moves Delhi court seeking maintenance from wife

He said that he was unable to attain gainful employment because of criminal cases filed against him including charges of rape and unnatural sex

Representative image. Credit: iStockPhoto

In what is a rare case, a man has approached a Delhi court seeking maintenance from his "working" wife during pendency of divorce proceedings, saying he was not able to get any job due to criminal cases, including those related to rape and unnatural sex, lodged by her.

In his application filed in Saket court, Vikrant claimed he was living in penury and his physical condition has also become precarious due to hypertension, and stress-related issues.

He said he was not able to sustain himself or find gainful employment as his consultancy firm has become dormant for some years in view of the criminal cases. There is a slim chance of any reputed MNCs employing him in view of numerous criminal and civil cases pending against him. The man invoked Section 24 of the Hindu Marriage Act which allowed husband or wife to claim maintenance during the pendency of divorce proceedings if he or she did not have an independent source of income. The wife, for her part, claimed the man earned one lakh per month. 

The family court has put the matter for final hearing in December.

The man, through his pro bono counsel Lakshay Yadav, said he was just a Bachelor of Arts while his wife was an MBA and disclosed her CTC as Rs 62,000 per month.

Vikrant sought interim maintenance of Rs 25,000 per month for "his survival" till he got a good job. He also sought monetary support for coaching classes to clear LLB entrance examination from Delhi University. Besides, he sought direction for monetary support for care and treatment of his diseases at a good hospital.

In her response, Vikrant's wife said he was earning huge money but has been cunningly reducing his ITR filings, though the court has directed him to pay Rs 1,500 per month each to her and her son, under Section 125 of the Criminal Procedure Code. The man claimed his review plea against the maintenance order and a plea for perjury charges against the wife were still pending.

Terming his plea as "false, frivolous and misconceived", she said the man could get employment any day as he himself drafted his application. She also said he did not show documents to prove that he had applied to appear for LLB entrance exam.