Family Court directed wife to pay an amount of rupees Twenty Thousand as an interim Maintenance to her Husband during the pendency of their divorce petition.
The Court, further observed that the orders of the Family Court had misplaced sympathy. The bench of family Court had noted that the husband had undergone angioplasty and had a stent fixed which made him incapable to work.
An appellants submitted that her spouse was unable to prove to attain his livelihood and challenged the Orders of the Family Court.
Further, the only reason claimed by the husband was that he had undergone an angioplasty. It was further contended that angioplasty was not a major heart surgery that would cripple a person and the husband could still do business and work for his livelihood.
After a thorough scrutiny the Court noted that husband earned around 68 lakhs per annum and keeping this in mind the Court opined that the order of the Family Court could not sustain.
Thus, the court set aside the impugned order and allowed the appeal preferred by the wife.
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