Husband Must Earn More to Pay Maintenance to Wife and Children, Rules Punjab & Haryana High Court
The Punjab and Haryana High Court has ruled that a husband cannot avoid paying court-ordered maintenance by claiming financial difficulties. Instead, it is his duty to earn more and take care of his wife and minor children.
The case involved a husband who challenged a Family Court’s order directing him to pay ₹24,700 per month as interim maintenance to his wife and two children. He argued that nearly half of his income would go towards maintenance and that he also had to support his ailing mother and pay off loans.
The couple married in 2014 and have two children, aged around 8 and 6 years, who are in school. The wife has been living separately for about five years and has custody of the children. The husband, employed as a Senior Male Nurse at SMS Hospital, Jaipur, earns a salary of ₹57,606 per month.
He further claimed that his wife works as a teacher, but admitted that he had not provided any proof of her income before the Family Court.
Justice Puri, dismissing the petition, held that personal liabilities cannot outweigh the legal, moral, and social duty of a man to maintain his wife and children. The Court said that considering inflation and current living costs, ₹24,700 is a reasonable amount for the upkeep of a mother and two school-going children.
The Court made it clear that the existence of other financial liabilities, including supporting aged parents or paying EMIs, is not a valid reason to deny maintenance.
The bench concluded that the maintenance amount was neither excessive nor erroneous, and dismissed the husband’s plea.
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