Man says can’t pay estranged wife, HC allows foodgrains, ghee as alimony

“The counsel for the petitioner has submitted that instead of making payment, the petitioner is ready to provide 20 kg rice, 5 kg sugar, 5 kg pulses, 15 kg wheat, and 5 kg pure ghee per month, three wearing suits quarterly, and two litre milk every day to the respondent. The petitioner is directed to provide the aforesaid articles to respondent within three days,” a bench headed by Justice Raj Shekher Attri ordered on July 15.

Adjourning further hearing in the matter to July 25, the court further directed the man “to clear the arrears of maintenance” and submit an affidavit before the court.

The family court in May 2018 had directed the man to pay Rs 5,000 per month as maintenance to his estranged wife. It had also imposed litigation charges of Rs 11,000 on the husband while taking note of the wife’s contention that the man was working for a private company at a salary of Rs 40,000 per month. The husband in turn had claimed that the woman was “quarrelsome” and had left their home on her own. He had further claimed that he had to look after himself, his two children, and elderly parents.

In his plea in HC, the husband said he has been unemployed since 2016 as the company for which he was working has shut. He claimed that his defence was struck off by the lower court in the proceedings pertaining to interim maintenance.

The proceedings are pending before a Bhiwani family court since 2016. The marriage had taken place in 2007 but a discord resulted in the woman filing a number of cases, including that of harassment and dowry, against the husband and his family.

Advocate Amit Mehra, who represented the man, said that they moved the high court seeking a revision of the maintenance as it was on the higher side. “The matter is sub-judice and I cannot make any other comments. Since the person cannot pay, he offered to look after the wife by providing her the articles. The term in law is maintenance,” he said.

Advocate Sunny Namdev, who represented the woman, said she was living with her parents and wants restoration of her matrimonial life. “He has not paid her anything despite the court order of 2018. The proceedings are pending in Bhiwani court,” said Namdev.