New Delhi: After struggling to make his own needs meet, a former employee of Jet Airways moved the Supreme Court urging that he could not pay maintenance to his ex-wife as he himself is out of the job for months.

“I am currently unemployed due to the shutdown of Jet Airways. This section (125 CrPC) puts an additional burden on me to maintain my ex-wife even though I am now fighting for my own sustenance,” the former Jet Airways employee said in his 33-page petition.

While filing his petition in the court, he also challenged the validity of Section 125 of CrPC (Criminal Procedure Code) which is related to maintenance, saying this section should be declared as unconstitutional since it is in violation of Article 14 of the Constitution of India.

He also sought a direction from the top court to pass appropriate orders in a way that it should be gender-neutral and does not discriminate between a man and a woman.

His lawyers MS Vishnu Sankar and Sriram P filed the petition in the apex court on his behalf.

He said in the petition that he is only a diploma holder in aircraft maintenance and is currently unemployed due to the shutdown of Jet Airways. But he has been directed by the Additional Judge, Family Court, Dehradun, to provide maintenance to his ex-wife, who is a graduate in English, sociology and psychology.

Saying that his ex-wife is capable of earning a living but refusing to work, he said in the peition that she is rather harassing him by misusing the gender-biased provision of Section 125 of CrPC.