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S. G. MEHARE
Ashok Sadanand – Appellant
Versus
Rojmery Ashok – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. Heard finally with the consent of parties.
2. Heard learned counsel for the applicant and learned counsel for the respondent.
3. The applicant is the husband. He has impugned the order of maintenance passed by the learned Judge, Family Court, Ahmednagar in E Petition No. 122 of 2018 dtd. 8/1/2020. The learned Judge quantified the maintenance @ Rs.4, 000.00 per month from the date of filing of the petition i.e. 17/12/2013. 3. Learned counsel for the applicant has vehemently argued that the divorce petition was filed prior to the application filed by the respondent before the Magistrate under Sec. 125 of Criminal Procedure Code. Subsequent thereto, she moved an application on 17/12/2013. The competent Court granted the divorce decree in favour of the petitioner on 3/11/2014. The vehement argument has been advanced by the learned counsel for the petitioner that the respondent suppressed the material fact from the Court and obtained an order of maintenance. Therefore, the order impugned is illegal and against the provisions of law. He would further argue that the learned Judge, Family Court, has passed an order closing the evidence of the
A divorcee is entitled to maintenance until remarriage, and maintenance can be quantified based on the principle of an able-bodied person.
A husband must prove genuine inability to maintain family; onus lies on him, given his earning capacity. Maintenance for wife is contingent on her ability to sustain her prior standard of living.
The main legal point established is the duty of the husband to maintain his wife, even after divorce, and the importance of providing an opportunity for the husband to present his case.
Family Courts may determine maintenance based on existing affidavit and pleadings when the opposite party defaults, ensuring fair assessment of financial capability and needs.
The court upheld the maintenance order based on the established income levels and financial responsibilities of both parties.
The central legal point established in the judgment is the husband's duty to maintain his wife and children, the discretion of the court to award maintenance based on the husband's financial capacity....
The burden of proving divorce lies with the party claiming it, and maintenance orders should consider the specific circumstances of the parties involved.
Maintenance – Where husband has performed second marriage, wife has sufficient cause to reside separately from her husband – Divorced wife is also entitled to maintenance till she marries another man....
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