The Supreme Court of India has stated that a husband who is healthy and capable of working must earn a living through legal means and provide financial support to his wife and minor child.
A bench of Justices Dinesh Maheshwari and Bela M. Trivedi delivered this judgment, stressing that a man cannot avoid his responsibility unless he has a valid legal reason.
Case Background:
In the case titled Anju Garg vs Deepak Kumar Garg, the Family Court had earlier rejected the wife’s request for maintenance under Section 125 of the CrPC, but allowed ₹6,000 per month for their minor son. The wife appealed the decision, but the Punjab and Haryana High Court also dismissed her plea.
The husband argued that his wife left the house without any valid reason and that she failed to show she couldn’t support herself. He also claimed he had no income, as his party business had shut down.
However, the Supreme Court disagreed. It said that the Family Court failed to understand the true purpose of Section 125 CrPC, which is meant to protect women and children from poverty and homelessness. The law exists to provide quick financial relief to a deserted wife and prevent her from becoming destitute.
The Court referred to a past judgment (Chaturbhuj vs Sita Bai) and noted that the duty of a husband is not to be seen as punishment but as a means of support for the family.
Even if the husband’s business had closed, the court ruled that he is fit and able to work, and therefore has no excuse for not maintaining his wife and child. It emphasized that manual work is also acceptable if that’s the only way to earn.
Final Verdict:
The Supreme Court ordered the husband to pay ₹10,000 per month to his wife as maintenance, in addition to the ₹6,000 per month already awarded to their minor son by the Family Court.
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