Gauhati HC: Healthy and Able-Bodied Husbands Must Support Their Wives

The Gauhati High Court has ruled that if a husband is healthy, able-bodied, and capable of supporting himself, he is legally obligated to support his wife. The Court emphasized that excuses such as lack of employment or business opportunities are baseless and not acceptable in law.

Court’s Decision on Maintenance

The ruling came during a hearing of a revision petition against a Family Court decision on maintenance under Section 125 CrPC. Justice Malasri Nandi stated that a husband who has sufficient means but neglects or refuses to maintain his wife can be ordered to pay maintenance.

Case Background

A woman filed a case under Section 125 CrPC, alleging physical and mental abuse by her husband, which forced her to leave him. The trial court ordered the husband to pay Rs. 2200 monthly as maintenance. Dissatisfied with this judgment, the husband filed a revision petition.

Legal Observations

The Court noted that under Section 125 CrPC, a wife can seek maintenance if her husband willfully neglects her. It cited the Madhya Pradesh High Court’s decision in Durga Singh Lodhi Vs. Prembai, which held that a person cannot escape liability for maintenance due to the absence of visible means or property.

Supreme Court Reference

The Court also referenced the Supreme Court’s decision in Shamima Farooqui Vs. Shahid Khan, emphasizing that a woman who leaves her marital home should not feel disgraced or destitute. She is entitled to live in the same manner she would have in her husband’s home.

Final Judgment

The Court found that the marriage was undisputed and that the woman had left due to harassment. Thus, the husband was duty-bound to pay maintenance. The Criminal Revision Petition was found meritless and was dismissed.

Cause Title: Mahim Ali v. State of Assam

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