‘Pay alimony to wife first, invest later’

Refusing to reverse the order of a family court asking Sudhir Apte, 41, to cough up Rs1,000 as maintenance for his estranged wife Rupali and their two children, the Bombay high court held that family comes before investments.

“It is not open for a husband to keep investing money in various schemes and then claim to not have sufficient money to look after the family,” justice RY Ganoo said. “In my view, a person who earns by way of salary has to adjust his savings keeping in view the minimum requirements of his wife and children.”

Sudhir and Rupali first separated in 1996 and Rupali sought maintenance from him under section 125 of the Criminal Procedure Code. But in 2000, the family court held that Rupali was not entitled to it.

In 2003, however, Rupali and Sudhir buried their differences and started living together with their two children. In six months, however, Rupali levelled charges of cruelty against him and started living separately with the children.

This time, Rupali urged the family court to direct Sudhir to pay the maintenance on grounds of cruelty. Taking this and Sudhir’s income into account, the court directed him in January 2008 to pay Rs1,000 as monthly maintenance.

Seeking revision of the family court’s decision, Sudhir contended before the Nagpur bench of the Bombay high court that the allegations of cruelty were not substantiated and he could not afford to pay Rs1,000 as maintenance.

Justice Ganoo noted that Sudhir worked as a tracer in the public works department of the state government and his contribution to his provident fund was in excess of his responsibility. The court also discarded Sudhir’s argument that Rupali had her own source of income.
(Names have been changed to protect privacy)