The Delhi High Court has expressed concern over the trend of “greedy” persons abusing the law that enables needy persons to seek maintenance, for settling personal scores.
“This section is designed to help the needy and not the greedy. It is not meant for settling personal scores, but it is experienced that it is often being misused and the present case is an instance,” said justice ML Mehta.
The remarks came in a case in which a Delhi-based elderly woman unsuccessfully sought enhancement of maintenance amount from her “retired and ailing” husband. The woman also sought maintenance from her two sons, who live in Australia and Mumbai.
Upholding the lower court’s order, justice Mehta asked the husband to pay R4,500 per month to her as maintenance.
“In addition, she will be entitled to maintenance of 100 Australian Dollars from her son living in Australia, and R1,500 per month from her son living in Mumbai,” it said.
In addition, the woman was also allowed R5,000 from her estranged husband, who had let out a floor of their three-storied house in Mumbai for a monthly rent of R10,000.
Discussing the conduct of the woman, the court said, “Here is a lady who owns a house in Mumbai, but is not prepared to let it out on rent or give it to her son.”