No maintenance to wife because she wanted to live seprate by choice!

Mrs Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar

Bombay HC

04/02/2005

AIR 2005 Bom 298; 2005 (4) BomCR 672; 2005 (2) MhLj 305

About/from the judgment:

No maintenance to wife because she wanted to live seprate by choice!

 

So far as question of maintenance is concerned in view of our aforesaid finding maintenance cannot be granted to the wife. In so far as the child is concerned we find that an amount of Rs. 500/- which is awarded is too meagre looking to the present requirements of a growing child. The evidence indicates that the husband had sufficient money to purchase his own flat. He cannot be said to be a person of no means. No doubt he contended that he had borrowed monies from his friends to purchase the new flat but he candidly admitted that he had not taken any such contention about borrowing of monies from is friends in his petition nor had he led any evidence in this regard. Taking an over all view of the matter we feel that ends of justice will be met if an amount of Rs. 3000/- per month is granted as maintenance to the child. The husband will have an option of making lumpsum payment of Rs. 50000/- towards the maintenance of his son and if he makes such lumpsum payment in full then his liability to pay maintenance at the rate of Rs. 3000/- per month will cease from the date of full payment. He will also have an option to make a lumpsum payment of Rs. 250000/- at the first instance and if he does so then the maintenance payable to the son will stand reduced to Rs. 1500/- per month from the date of such payment. The maintenance amount/amount in lieu of maintenance as aforesaid would be payable to the son till the son attains the age of majority.

Read the Judgment

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