LI Network
Published on: 28 January, 2024 at 17:50 IST
In a recent ruling by the Allahabad High Court, it has been reaffirmed that a husband is obligated to financially support his wife, even in circumstances where he may not have a regular income.
The Court emphasized this principle while dismissing a revision petition filed by a husband challenging a family court’s order to pay monthly maintenance to his estranged wife.
Justice Renu Agarwal, presiding over the case, emphasized that even if the husband is engaged in unskilled labor, he is capable of earning minimum daily wages, which would be sufficient to maintain his wife.
The Court cited a 2022 Supreme Court ruling, Anju Garg v. Deepak Kumar Garg, which underlined the husband’s responsibility to provide financial support to his wife, even if it necessitates physical labor.
The case before the Allahabad High Court involved a husband contesting a family court’s directive to pay ₹2,000 per month as maintenance to his wife under Section 125 of the Code of Criminal Procedure.
The husband argued that he lacked adequate income to fulfill this obligation, citing his employment as a laborer, his rented accommodation, and his purported illness. However, the court found insufficient evidence to support his claims of severe illness and concluded that he was financially capable of meeting his responsibilities.
The Court also dismissed the husband’s allegations of adultery against his wife due to a lack of substantiating evidence presented during the trial. It advised the husband to pursue appropriate legal avenues if he wished to bring forward such claims.
Advocate Arjun Singh Somvanshi represented the husband in the case, while Government Advocate Salma Bano and advocate Shresth Agarwal represented the respondents, including the State and the wife.
With its ruling, the Allahabad High Court reaffirmed the legal principle that a husband’s duty to provide maintenance to his wife remains steadfast, irrespective of his income or employment status.