Divorce case: HC rejects concocted story of Ludhiana exporter
‘Cooking up’ a story to avoid paying higher maintenance to his estranged wife and daughter has cost a Ludhiana ‘cycle exporter’ dear. The maintenance sum decided by the court is now substantially higher than his monthly salary claims.punjab Updated: Feb 20, 2017 12:41 IST
‘Cooking up’ a story to avoid paying higher maintenance to his estranged wife and daughter has cost a Ludhiana ‘cycle exporter’ dear. The maintenance sum decided by the court is now substantially higher than his monthly salary claims.
The ‘exporter’, who is fighting a divorce case in the Punjab and Haryana high court, had claimed before the court that he did not own the enterprise and worked in his brother’s firm for a monthly salary of Rs 5,500.
The high court, however, did not believe his claims stating that even if a person is employed in a company which is run by a stranger, such a company is bound to pay the minimum wages to its employees and in the case at hand, the man is brother of the firm owner.
“It is quite unbelievable…that the brother of the appellant is giving only a salary of Rs 5,500 per month which is far below the minimum wages to the appellant, who is contributing to his business,” the court said terming the his claim as a ‘cooked-up’ story to escape from paying higher maintenance.
The court was hearing a plea of his estranged wife seeking enhancement in maintenance for her and their seven-year-old daughter, which at present is Rs 2,000 per month and Rs 1,000 respectively.
She had argued that her husband, along with his elder brother, is carrying on the business of manufacture/export and sale of bicycles and bicycle spare in Ludhiana. He is earning not less than a sum of Rs 50,000 per month, hence a sum of Rs 25,000 per month be awarded to her and her daughter towards maintenance.
The husband, on the other hand had claimed that he was working at the factory of his brother and also produced a salary certificate of Rs 5,500 per month as an employee in his brother’s firm. His wife is a graduate and taking tuition at her home and earns a sizeable income to maintain herself and her minor daughter, he had argued.
The court summoned relevant record pertaining to ownership of the manufacturing unit and found that the firm is in his brother’s name but rejected his claims of earning merely Rs 5, 000 per month. “Considering that he is serving in his brother’s enterprise, we are of the considered view that the appellant will (sic) be receiving not less than Rs 20,000 per month,” the high court bench stated asking him to pay a sum of Rs 5,000 per month as maintenance to his wife and Rs 2,500 per month to his daughter to take care of their needs.
BLURB To avoid paying higher maintenance to his estranged wife, the man had claimed that he is working in his brother’s firm for Rs 5,500 monthly salary