New Delhi: While the Hindu Marriage Act ensures women get maintenance from their spouses,a district court has said the provision cannot be used as a tool by a spouse to get enriched unjustly at the expense of the other spouse.
The courts remarks came as it rejected straightaway the plea of a woman seeking maintenance of Rs 15,000 a month for herself and Rs 8,000 for her minor child from her estranged husband.Reena (name changed) moved the court claiming that her husband,a government employee,was earning nearly Rs 50,000 a month and that her job as a temporary teacher in a nursery school did not pay her enough to take care of both herself and her child.
What she did not tell the court was that she was also working as an agent in an insurance company.That fact emerged after her husband,through counsel Prashant Mendiratta,disclosed that she had been working as an insurance agent for a firm which paid her Rs 45,000 a month.
Countering the allegations,the woman told the court that she had been an insurance agent but that she had left her job in January,2010.Irked by the woman concealing facts about her job,the court lambasted her for not coming clean before it.
Details of her job as well as details of income from all sources have to filed before the court.If it is found the applicant has concealed the true nature of her job,the application becomes liable to be dismissed straightaway... this section cannot be permitted to be used as a tool to get enriched unjustly at the expense of the other spouse, said the additional district judge.
Calling the womans claim that she had quit her job an eyewash,the court said her response was fabricated to mislead it and to counter her husbands allegation.The court also refused to revise the Rs 2,500 a month maintenance granted by a metropolitan magistrate to her child,saying it was proper considering the childs mother was also earning.
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