The Allahabad High Court recently observed that a government servant cannot take advantage of the disturbances caused by the COVID-19 pandemic to avoid paying the maintenance due to his estranged wife. (Lakshminarayan v. State of Uttar Pradesh).The Court was dealing with a maintenance order passed by the a Firozabad family court. The Principal Judge had directed the applicant to pay Rs 7,000 month to the his wife and he had failed to comply with the order. The arrears of maintenance due accumulated to Rs 49,000 on account of the applicant's defaults. .An application was filed under Section 482 of the Code of Criminal Procedure (CrPC), wherein the applicant-husband, who was a police constable, contended that it was due to the pandemic that he was not able to pay the maintenance amount..Justice J Munir, however rejected the contentions of the applicant, observing that the applicant, being a government servant, who is in receipt of a monthly salary paid by the State, cannot take advantage of the disturbance of livelihood created for many others by the COVID-19 pandemic..On the other hand, the Court observed that delay of the maintenance would push the wife into more hardship and distress. .The Court proceeded to dismiss the application, while also observing, "... the recovery warrant is a mere process and in the absence of a challenge to the substantive order awarding interim maintenance, it would not be much open to this Court to interfere with a mere process where the right is not in dispute.".Read Order:
The Allahabad High Court recently observed that a government servant cannot take advantage of the disturbances caused by the COVID-19 pandemic to avoid paying the maintenance due to his estranged wife. (Lakshminarayan v. State of Uttar Pradesh).The Court was dealing with a maintenance order passed by the a Firozabad family court. The Principal Judge had directed the applicant to pay Rs 7,000 month to the his wife and he had failed to comply with the order. The arrears of maintenance due accumulated to Rs 49,000 on account of the applicant's defaults. .An application was filed under Section 482 of the Code of Criminal Procedure (CrPC), wherein the applicant-husband, who was a police constable, contended that it was due to the pandemic that he was not able to pay the maintenance amount..Justice J Munir, however rejected the contentions of the applicant, observing that the applicant, being a government servant, who is in receipt of a monthly salary paid by the State, cannot take advantage of the disturbance of livelihood created for many others by the COVID-19 pandemic..On the other hand, the Court observed that delay of the maintenance would push the wife into more hardship and distress. .The Court proceeded to dismiss the application, while also observing, "... the recovery warrant is a mere process and in the absence of a challenge to the substantive order awarding interim maintenance, it would not be much open to this Court to interfere with a mere process where the right is not in dispute.".Read Order: