Husband Duty-Bound To Provide Maintenance To Wife Despite No Income: Court

The Allahabad High Court has reinforced the obligation of husbands to provide maintenance to their wives, stating that even if a husband does not have a formal income, he is still responsible for supporting his spouse.

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Mandating him to pay ?2,000 monthly as maintenance??

The court made these remarks while dismissing a revision petition filed by a man against a family court order mandating him to pay ?2,000 monthly as maintenance to his estranged wife.

Justice Renu Agrawal, presiding over the Lucknow bench of the High Court, directed the principal judge of the trial court to take necessary measures to recover the maintenance already awarded to the wife.

The case stemmed from the couple's marriage in 2015, which subsequently soured, leading the wife to file an FIR against her husband and in-laws over dowry demands. She then left their shared residence to reside with her parents in 2016.

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Claimed he was battling serious illness and responsible for the care of his family

In his defense, the husband argued before the High Court that his wife was a graduate earning ?10,000 monthly from teaching, while he himself was battling serious illness and responsible for the care of his dependent parents and sisters. He claimed to be working as a laborer and living in rented accommodation.

However, the court found that the husband failed to provide evidence supporting his claims regarding his wife's income and his own circumstances. Despite his assertions of illness and familial responsibilities, the court deemed him capable of earning income through physical labor.

The High Court cited a precedent set by the Supreme Court in the case of Anju Garg in 2022, emphasising that even if the husband engaged in manual labor, he could earn a minimum wage of ?300 to ?400 per day as an unskilled laborer. Therefore, regardless of the husband's employment status, he remained obligated to provide maintenance to his wife.

This ruling underscores the legal principle that spouses have a duty to support each other, regardless of their individual financial situations, and reinforces the importance of upholding spousal maintenance laws to ensure the well-being of all parties involved.

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