Hyderabad High Court has cancelled the order passed by a family court awarding alimony in favour of a wife against her husand because she was found to be employed and an independent woman
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In a landmark judgement, the Hyderabad High Court has cancelled an order passed by a family court awarding maintenance to the wife by her husband because she has been found to be employed and earns more than him.
BM Ranjit Kumar of Srikakulam district in Andhra Pradesh filed the petition and the landmark judgement was allowed by Justice B. Siva Sankara Rao.
According to a report in Deccan Chronicle, the woman complained to the family court that she didn't have any source of income and was neglected by her husband. The woman requested the court to grant a maintenance from her husband because the latter, a lecturer, was drawing asalary of Rs. 15000 per month. He even had his own fixed assets and land properties.
The woman had decided to try the legal route to get alimony of Rs. 10,000 per month. In her petition, she had even claimed that after marriage, they had been happy only for five days. She claimed that the her husband had, from the sixth day on, started suspecting that she was cheating on him and pushed her to commit suicide.
The petitioner, however, had opposed the claim and said that his wife had resided with him for 12 days. After that, his appeal claimed, they hadn't continued their married life. He even said that the girl's parents had made her marry him against her wished, as she loved another person. The husband had challenged the alimony since she was gainfully employed and an independent woman. He had further stated that he was unemployed.
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The family court had settled the matter by awarding maintenance to the 'ex-wife.The twist happened when Justice Siva Sankara Rao heard both parties’ concern.
Hyderabad High Court found that the wife was still employed and there were no documents or evidences that showed her termination from service. It was also noted that she was getting a monthly salary of Rs. 20,000. Hence, the court passed the judgement that the husband wasn't liable to pay alimony to the wife.