In most of the cases of marital dispute between the couple, the wife demands maintenance, but a 65-year-old man has filed a petition in the Family Court of Raipur. In this he has asked his wife to give him alimony and maintenance.
Actually, the matter is of Fateh Chand, a resident of Raipur. He said in his petition that his wife has been living separately for years. Due to increasing age his health is not good. He is unable to afford his food, accommodation and medicines and has to borrow money to meet his expenses. He earns three lakh rupees, but his wife is not following her religion.
Fateh Chand has filed his petition for maintenance in the court through advocate Anurag Gupta and Ayush Sarkar. It has been mentioned in the application that his wife earns Rs 3 lakh per month. Even after this the wife is not following her religion. He has no one except his wife. He is completely dependent on his wife. In such a situation, monthly maintenance of Rs 50 thousand should be provided.
Court accepted the application
Petitioner’s lawyer Anurag Gupta said that a petition for maintenance was filed in the Family Court on Monday, which has been accepted. The hearing of this case will be on 28th November. The court has issued a notice to Fateh Chand’s wife asking her to appear in the hearing. Such a case has also come up in 2016.
Youth Rahul Gupta had also filed a similar petition in 2016. It was told that his wife was doing a government job. In such a situation, she should be given permanent maintenance allowance, but the family court rejected the petition. On this he appealed in the High Court, but was rejected there also. The court had said that physically capable and educated people cannot get the benefit of the provisions. Husband and wife have the right to ask for and receive maintenance from each other.
The Hindu Marriage Act came into force in 1955. Its section 24 says that if the husband or wife is not able to bear his own expenses or does not have independent income, he can demand from the court the cost of his maintenance and court proceedings. Keeping in mind the income of the life partner, the court can force him to pay an appropriate amount every month. If the husband does not have independent income and the wife is an earning person, then the husband can also demand this from the wife. Section 25 of the same Act says that applications can also be made for maintenance and permanent alimony. In this case, the court gives orders keeping in mind the income, conduct and property of the life partner. This demand can be made by anyone, be it husband or wife.
