In a rare departure from rules, the Supreme Court has directed a woman to pay Rs 10,000 to her estranged husband, who is unemployed, to enable him fight the matrimonial case in a Bangalore court.
Normally, under Section 125 CrPC, it is the duty of the husband to pay maintenance allowance to the wife or his parents during a divorce proceeding or thereafter.
But in this case, the apex court, after noting that the husband was unemployed, directed the wife Ines Miranda to pay Rs 10,000 to husband Santosh K. Swamy, domiciled in Chennai, to fight the legal battle in Bangalore where the wife is staying along with her daughter.
A bench headed by Justice Dalveer Bhandari passed the direction while disposing of a transfer petition filed by Ines Miranda seeking transfer of a case filed by Swamy in a Chennai court to Bangalore.
Swamy had earlier filed a petition in the court of the Principal Judge, Family Court in Chennai seeking “restitution of conjugal rights” on the ground that his wife had walked out of the marriage.
The Chennai court had issued a notice to Miranda to appear before it, following which she moved the apex court.Miranda had alleged Swamy had filed the case in Chennai deliberately to harass her