As you all know that in today’s time, the dispute between husband and wife keeps going on and now this dispute has reached the family court, so in such a situation, Allahabad High Court has also cancelled the order of the family court to give maintenance to the wife. It is being told that it has been ordered that due to separation from in-laws and then husband without any reason, the wife cannot be given maintenance at all. This order has been given by Justice Subhash Chand Sharma on the monitoring petition of Meerut resident Vipul Agarwal, after hearing his advocate Rajat Eran and the lawyer of the other side.
The advocate of the petitioner, Rajat, has also argued that the petitioner’s wife Nisha Agarwal had left her in-laws with her young child and started living in her maternal home after some time of the department. In such a situation, despite the efforts of the husband, she was not ready to come back at all. Then even during the mediation, the wife clearly refused to go with the husband.
After this, the lawyer also said that a case under section 125 of CrPC was also filed before the Family Court Meerut for the maintenance of the wife. The family court did not find any valid reason for the wife to live separately from her husband. Despite that, a monthly maintenance of ₹8000 was fixed on the basis of sympathy. Which is a violation of section 125 (4) of the IPC.
The Allahabad High Court, while accepting the husband’s monitoring petition, has completely cancelled the order of the family court dated 17 February and has also ordered to send the case to the Family Court Meerut for a fresh decision.