Case Details:
Case Name: Niharika Ghosh @ Niharika Kundu v Shankar Ghosh
Case No.: Mat. App. (F.C.) 248 of 2019
Bench: Hon’ble Suresh Kumar Kait, J. and Hon’ble Neena Bansal Krishna, J.
Delhi High Court dismissed the application for maintenance filed by the appellant wife to under Section 24 of Hindu Marriage Act.
The Hon’ble High Court while upholding the observations passed by the learned Principal Judge, Family Court observed that the wife had initially taken a stand that she was not working, when confronted with evidences was compelled to accept. The learned Principal Judge, Family Court observed that it is difficult to accept that a person who is so highly qualified would not be working and it is even more difficult to accept that she would be working for charity’ (as explained by her after being confronted with the evidences).
The Hon’ble High Court observed that we find that in the present case it is not only that the appellant is highly qualified and has an earning capacity, but in fact she has been earning, though has not been inclined to truthfully disclose her true income. Such a person cannot be held entitled to maintenance. Pertinently, the claim for maintenance by the appellant under the provisions of Protection of Women against Domestic Violence Act has also met the same fate and the maintenance has been declined to her.
The Court dismissed her appeal.
Read the order/judgment here: Maintenance Denied to wife by Delhi HC
