This case dealt with quantum of maintenance awarded to the wife which was under challenge by the husband. The Delhi High Court held –
“For granting the maintenance under Section 125 Cr.P.C., essentially two factors have to be considered. Firstly, that the wife has not deserted the husband without any reasonable cause; and Secondly, determination of quantum of maintenance, depending upon the circumstances and working capacity of both the parties.”
The Delhi High Court observed that nothing had been brought on record to show that the Respondent-wife had separated without any reason or had deserted the Petitioner-husband and upheld the decision of the family court that the Petitioner-husband had failed to prove that the wife was living separately without any sufficient cause.
The Court further held –
“The maintenance amount must be determined in a balanced manner; it should be one that ensures adequate support for the wife and child, while also taking into account the Petitioner’s financial obligations of his lability towards Home Loan, his expenses and responsibility towards parents.”
The quantum of maintenance was reduced.
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