Husband cannot deny his duty to maintain the wife, neither when she is earning nor after the divorce

Sukhjinder Singh vs Harvinder Kaur

Delhi HC

10/11/2017

2017 SCC OnLine Del 11621; CRL.REV.P. 494/2015 and Crl.M.A.No. 11437/15

About/from the judgment:

Husband cannot deny his duty to maintain the wife, neither when she is earning nor after the divorce!

 

Since the respondent and her minor child are to be maintained by the petitioner, in the absence of denial of existence of the marriage and denial of paternity of the minor child, the petitioner cannot shy away from his statutory obligation of maintaining his legally wedded wife and his minor child.

 

It is a settled principle of law that both the parents have a legal, moral and social duty to provide to their child the best education and standard of living within their means. The mere fact that the spouse with whom the child is living is having a source of income, even if sufficient, would in no way absolve the other spouse of his obligation to make his contribution towards the maintenance and welfare of the child.

 

Furthermore, an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the husband from the offence committed or to deny the benefit to which the aggrieved person-wife is entitled under the Domestic Violence Act, 2005 including monetary relief under Section 20, Child Custody under Section 21, Compensation under Section 22 and interim or ex parte order under Section 23 of the Domestic Violence Act, 2005.

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