The Court was hearing an appeal challenging a decision of the Punjab and Haryana High Court which had upheld a family court’s decision to reject the maintenance plea filed by the respondent-wife under Section 125 of Code of Criminal Procedure (CrPC).
It, however, granted maintenance to the minor child.
Before the apex court, the appellant-wife argued that the High Court had passed the order in a very perfunctory manner without appreciating the conduct of the respondent-husband during the proceedings before the Family Court.
It was pointed out that despite issuance of conditional warrants of arrest against the husband by the family court, he had failed to appear in the Court and to make payment of interim maintenance.
It was also submitted that due to the conduct of the respondent-husband, his right to cross-examine the witness was also struck-off by the family court.
On the other hand, the respondent-husband argued that the appellant-wife had left the matrimonial home along with the children without any justifiable reason and had failed to prove that she was unable to maintain herself.
He further submitted that though he has a party plot, the same was closed, he has no other source of income.
Source: Barandbench
