MUMBAI: Don’t marry if you cannot maintain a wife, the Bombay high court on Wednesday told an art director while hearing his appeal against the family court’s order rejecting his divorce plea.

On February 28, 2011, the family court also directed Malad resident Deepak (30), who works in the television industry, to pay a monthly maintenance of Rs 6,000 to his wife Deepa (32).

Deepa’s advocate informed a division bench of Justice P B Majmudar and Justice Anoop Mohta that despite an earlier order to pay maintenance arrears of Rs 2.76 lakh, Deepak has not paid up. He said Deepak is simultaneously working on four serials being aired on four channels. Deepak’s advocate said he is not earning as well as before. "A channel has shut down and a serial has ended," she said, adding that Deepak is just an assistant art director now.

The judges observed that post-marriage a husband cannot take the defence that it is not possible for him to look after his wife."Then don’t get married. A husband cannot say ’I am poor’ after marriage. You have no business to say so," said Justice Majmudar.

The couple married on September 30, 2005. On May 4, 2006, Deepa left her matrimonial home. In his appeal, Deepak said Deepa refused to return despite several attempts to get her back. In 2008, he filed for divorce under the Hindu Marriage Act before the family court.

Deepak’s advocate said Deepa wants a settlement of Rs 10 lakh. "She is willing to reside with you. You don’t want to keep her. You have to pay her," said Justice Majmudar.Deepak’s advocate told the court that he does not want her back. "She sold their engagement ring and doubted him of having affairs. There is no affection leftt. They have been living apart since seven years," she added. Said Justice Majmudar, "You married a film person (sic). Risk is always there. You must understand their life is different.’’

Directing Deepak to first deposit the arrears, the judges adjourned the hearing of the appeal.

(Names have been changed)