The Supreme Court recently ruled that an able-bodied husband is legally required to earn money through legitimate means to support his wife and minor child. The court stated that even if the husband needs to do physical labor, he cannot avoid his responsibility unless he has a valid legal excuse.
A bench of Justices Dinesh Maheshwari and Bela M. Trivedi made this observation while hearing a case where a wife sought maintenance under Section 125 of the Criminal Procedure Code (CrPC). While the Family Court had granted maintenance for the minor child, it denied maintenance for the wife. The wife appealed this decision, but the High Court of Punjab and Haryana dismissed her revision petition.
In response, the husband argued that his wife had left the matrimonial home without a valid reason and was capable of supporting herself. However, the Supreme Court pointed out that it is a husband’s sacred duty to provide financial support to his wife and children. The court highlighted that Section 125 of CrPC is designed to prevent wives from becoming destitute and to ensure they have access to food, clothing, and shelter.
The Supreme Court also rejected the husband’s claim that he had no source of income after his business closed. The court emphasized that being physically capable of working obligates him to earn and provide for his family.
In this case, the court ruled in favor of the wife, ordering the husband to pay Rs. 10,000 per month as maintenance, in addition to Rs. 6,000 for their minor son, as previously granted by the Family Court.
The court’s decision reaffirms the legal responsibility of husbands to financially support their wives and children, especially when they are physically able to do so.
Case title: Anju Garg vs Deepak Kumar Garg
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
