Justice Asha Menon of Delhi High Court said that it is a sad truth that husbands force their wives to file execution petition to delay maintenance payments despite orders of courts.

“The malafide intentions of an estranged husband is to depress his income as much as possible, for sadistic pleasure, of seeing the agony of someone, who has no choice, but to be dependent on him, may be dictated by egoistic propensity to also possibly teach his wife a lesson for not falling in line with whatever be his dictates,” the Court said in its order.

Justice Menon was dealing with a petition filed by a man challenging a December 2021 order of a family court at Karkardooma.
He had been directed to pay ₹20,000 as interim maintenance to his estranged wife and child. The arrears were to be cleared within two months and further interim maintenance was to be paid by the 5th of each month.

However, the husband said that he was only willing to pay ₹4,000 per month to his wife and child because his monthly income was only ₹28,000 and he needs to pay ₹10,000 from it to his parents for their maintenance.

The petitioner further alleged that his estranged wife was earning ₹30,000 per month by taking private tuitions.

Counsel appearing for the wife and child submitted that the man’s father was a government servant and needed no financial help.
The counsel further submitted that bank details showed that the petitioner was earning much more that ₹28,000 and was residing with his father and hence, he had no expenses towards rent either.

The High Court termed the petitioner’s attitude as shameful.

“A growing child and a mother who is taking care of all the needs of such a growing child is to somehow manage with ₹4,000, whereas, the petitioner and his parents can have a greatly enhanced level of comfort by spending ₹25,000 to ₹28,000 on themselves,” the judge said.

The Court also noted that it is without doubt that this allegation on his wife earning from private tuition is wild but it is also curious to note as to why he was unwilling to make such extra efforts himself to earn more income and meet his financial obligations as a husband and a father.

Justice Menon concluded that there was no error in the family court’s order and no ground made out to quash the proceedings before the family court.

Hence the plea was dismissed and the court imposed a cost of ₹20,000 on the petitioner.