“Court Rules Husband Obligated to Provide Maintenance to Wife Despite Job Loss”

The Allahabad High Court recently addressed a case emphasizing a husband’s responsibility to provide maintenance to his wife, even if he’s unemployed. The court mentioned that despite lacking a formal job, a husband could potentially earn around ₹300-₹400 per day as an unskilled laborer, indicating an ability to support his wife financially.

A bench led by Justice Renu Agrawal from the Lucknow branch of the High Court issued these remarks while rejecting a man’s appeal against a family court’s decision. The family court had directed the husband to pay ₹2,000 monthly as maintenance to his estranged wife, citing Section 125 of the Code of Criminal Procedure (CrPC).

The husband had filed a revision petition before the High Court in February 2023, contesting the family court’s ruling. He argued that his wife, being a graduate, earned ₹10,000 monthly from teaching, and he was also incapacitated due to illness, relying on sporadic labor jobs to sustain himself, his parents, and sisters.

However, the High Court found no substantiation of the wife’s alleged income or the husband’s claims of dependence and meager earnings. Despite the husband’s health condition, the court observed his physical capability to engage in labor work, which could potentially yield a reasonable income.

Referring to a previous Supreme Court case, the court reiterated the husband’s obligation to support his wife financially, irrespective of his employment status. Even if the husband lacked a stable income or significant assets, the court maintained that he should contribute to his wife’s maintenance, citing minimum wage standards for unskilled laborers.

The court’s ruling underscores the legal principle of spousal maintenance, emphasizing the husband’s duty to provide financial support to his wife, especially during marital discord or separation. The judgment highlights the importance of equitable distribution of financial responsibilities within marital relationships, promoting the welfare and economic stability of both spouses.

Author: suman jha