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Delhi High Court states Magazine covers not sufficient evidence to shows that wife who is modeling can sustain herself
The Delhi High Court has ruled that the husband bears the burden of proving that the wife can support herself in maintenance proceedings, and that this burden cannot be fulfilled merely by exhibiting magazine covers portraying the wife as a model.
A single judge bench led by Justice Subramonium Prasad issued an order to that effect.
The respondent then lodged a motion for maintenance for her sustenance under Section 125 of the Code of Criminal Procedure (CrPC), alleging that she had been handled cruelly. The family court ordered that the respondent be billed Rs. 17,000 a month in upkeep.
The husband took the matter to the High Court and won. The petitioner-husband emphasized that the respondent had admitted that she was modelling in her declaration under Section 165 of the Indian Evidence Act.
The appellant also displayed some magazine covers and newspaper stories to support his case, demonstrating that the respondent was working and capable of supporting herself.
The High Court observed that Section 125 CrPC was enacted to remedy or reduce the financial sufferings of a woman who is forced to leave her matrimonial home, based on the Supreme Court's ruling.
Despite the fact that the respondent confessed to doing modelling on a limited basis, the Court concluded that this did not mean she would be able to support herself.
The complainant has not shown any proof that the respondent was making enough money to support herself, the Court observed.
Furthermore, when the petitioner served as an Assistant Sub-Inspector (ASI), the two had never separated, and both of his sons were majors and well-employed, the Court ruled that it was the petitioner's spiritual and legal duty to retain the respondent.
The challenge was accordingly dismissed.
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