The Supreme Court recently stated that an able-bodied husband must earn through legitimate means to support his wife and minor child. A bench of Justices Dinesh Maheshwari and Bela M. Trivedi emphasized that such a husband must fulfill his obligation by earning, even through physical labor if necessary, unless legally exempted.
In this case, the Family Court had dismissed a maintenance petition filed by a wife under Section 125 of Cr.P.C., granting maintenance only for the minor child. The woman filed a revision petition against this decision, but it was dismissed by the High Court of Punjab and Haryana.
The husband argued that his wife left the matrimonial home without a valid reason and failed to prove she couldn’t support herself. However, the Supreme Court observed that the Family Court had overlooked the essential duty of the husband to provide financial support to his wife and children. The court noted that Section 125 Cr.P.C. is designed to prevent the destitution of a deserted wife by ensuring she receives food, clothing, and shelter.
The court referenced the Chaturbhuj vs. Sita Bai case, which highlighted that maintenance proceedings aim to prevent vagrancy and destitution, not to punish past neglect. Section 125 Cr.P.C. serves as a measure of social justice, protecting women and children, in line with Articles 15(3) and 39 of the Indian Constitution.
The Supreme Court also dismissed the husband’s claim that he had no income due to his business closing. The court stated that being able-bodied, he is obliged to earn legitimately and support his wife and minor child. Considering the evidence, the court ruled that the husband had sufficient income but failed to fulfill his responsibilities.
As a result, the court granted the wife a maintenance allowance of Rs. 10,000 per month, in addition to the Rs. 6,000 per month awarded by the Family Court for the minor son.
Case title: Anju Garg vs. Deepak Kumar Garg
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