The responsibility of a man towards his children and wife cannot be evaded, especially if he is capable of repaying a significant loan: Punjab & Haryana High Court

One Lieutenant Colonel Sandeep Malik was recently ordered by a family court to pay Rs. 55,000/- in maintenance to his wife and minor daughters. The order  was upheld by Justice Jagmohan Bansal’s bench.

 Despite Malik’s ability to make significant payments towards his home and car loans, he was found to be attempting to avoid his responsibilities towards his family.

The court emphasized that those in high positions of authority have an even greater obligation towards their family members. Malik had filed a revision plea against the original court order, which directed him to pay Rs. 55,000/- per month in maintenance, with Rs. 25,000/- going to his wife and Rs. 15,000/- to each daughter.

Malik claimed that he could not afford to pay maintenance of Rs. 55,000/- to his wife and children from his monthly carry home salary of Rs. 66,000/-. The court was considering his plea. However, upon investigation, the court discovered that Malik’s gross salary was actually Rs. 1.98 lakhs per month, but due to various loan payments, as well as contributions to the provident fund and other statutory deductions, his carry home salary was only Rs. 66,000/-.

Despite Malik’s ability to make significant payments towards his loans, the court found his attempt to evade his legal and moral responsibilities towards his family to be unacceptable.

The court, therefore, upheld the family court’s order for Malik to pay Rs. 55,000/- per month in maintenance and dismissed his plea, considering the order to be fair.

Source: https://www.livelaw.in/news-updates/punjab-and-haryana-high-court-repay-hefty-loan-amount-cant-deflect-responsibility-wife-kids-maintenance-125-crpc-223371

Leave a Comment

Your email address will not be published. Required fields are marked *