‘Got aid from sons, wished death on hubby’: Gujarat court nixes 64-year-old woman’s maintenance plea

AHMEDABAD: A family court rejected a maintenance plea filed by a 64-year-old woman against her 67-year-old husband, stating she was already being supported by the couple's three sons, who live abroad. Family court judge A R Malik noted that the woman was maintained by her sons and had also expressed a wish for her husband's death, placing a letter to that effect before a deity's idol.

The court said this conduct itself could justify rejecting the application. The couple married in 1977 and have three sons settled overseas. In a 2022 application under Section 125 of the CrPC, the woman sought Rs 15,000 per month, alleging neglect and desertion.


She lives in Shela, while her husband lives in Bopal. The husband denied the allegations and told the court that the woman lives in a house provided by their youngest son and receives Rs 10,000 per month from the sons. He said the sons also support him.

The husband also claimed the woman is involved in a garment business, while he is unable to earn due to age. The court observed that the woman holds a PTC degree while the husband studied up to Class 11, and said she has better qualifications and can earn, including by giving tuition.

"Moreover, the applicant mentioned that she prayed to the god for her husband's death (placed a letter). Thus, on one hand, she wished the husband's death, and on the other, she is demanding maintenance. This is contradictory. Such behaviour itself is a reason to reject the maintenance application. The provisions under Section 125 CrPC are for social justice and not for misuse," the court said.

It also noted that the sons were already paying her Rs 10,000 monthly and had provided her housing, and concluded that she had filed the application to financially harass the husband.