Justice Jagmohan Bansal’s bench recently upheld a family court order that required Lieutenant Colonel Sandeep Malik of the Indian Army to pay Rs. 55,000/- in maintenance to his wife and minor daughters.
Justice Bansal observed that although Malik was able to pay significant amounts towards his home and car loans, he was attempting to shirk his legal, social, and moral obligations towards his family.
The court further stated that individuals in positions of high authority have even greater social and moral responsibilities towards their family members.
Malik had filed a revision plea against a court order by the Additional Principal Judge of the Family Court in Sonipat. The court had directed Malik to pay maintenance of Rs. 55,000/- per month to his wife (respondent No. 1) and two minor daughters (respondents No. 2 and 3), with Rs. 25,000/- going to his wife and Rs. 15,000/- to each daughter.
Malik argued that he could not afford to pay such a large sum from his monthly carry home salary of Rs. 66,000/-. The court was therefore considering his plea.
Despite Malik’s claim that he could not afford to pay maintenance to his wife and children from his carry home salary of Rs. 66,000/- per month, the court discovered that his gross salary was actually Rs. 1.98 lakhs per month.
However, due to payments towards home and car loans, as well as contributions to the provident fund and other statutory deductions, his carry home salary was only Rs. 66,000/-.
Despite this, the court observed that Malik was still able to make significant payments towards his loans, but was attempting to evade his legal and moral responsibilities towards his family.
The court found Malik’s attempt to evade his responsibilities towards his wife and children to be unacceptable, and thus upheld the family court’s order for him to pay maintenance of Rs. 55,000/- per month. The court considered the order to be just and therefore dismissed Malik’s plea.
Source: https://www.livelaw.in/news-updates/punjab-and-haryana-high-court-repay-hefty-loan-amount-cant-deflect-responsibility-wife-kids-maintenance-125-crpc-223371
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