Supreme Court Rules Able-Bodied Husband Must Support Wife and Child
The Supreme Court of India recently ruled that an able-bodied husband is obligated to earn a living through legitimate means and provide financial support to his wife and minor child.
A bench comprising Justices Dinesh Maheshwari and Bela M. Trivedi stated that such husbands must fulfill their responsibilities, even if it requires physical labor. The court emphasized that this obligation can only be avoided under legally permissible grounds mentioned in the law.
The case in question revolved around a maintenance petition filed under Section 125 of the Code of Criminal Procedure (Cr.P.C.). While the Family Court granted maintenance for the minor child, it denied maintenance to the wife, citing insufficient evidence that she was unable to support herself. The Punjab and Haryana High Court upheld this decision.
The Supreme Court, however, observed that the Family Court failed to consider the spirit of Section 125 Cr.P.C., which aims to prevent destitution and vagrancy. The court noted, “It is the sacrosanct duty of a husband to provide financial support to his wife and minor children. Maintenance provisions are a measure of social justice and are specially designed to protect women and children.”
Referencing the landmark case of Chaturbhuj vs. Sita Bai, the court reiterated that maintenance proceedings are not meant to punish the husband for past neglect but to ensure the wife’s basic needs for food, clothing, and shelter are met.
The court also dismissed the husband’s claim of lacking income after the closure of his business. It ruled that as an able-bodied individual, he is required to find legitimate ways to earn and support his family.
In conclusion, the Supreme Court granted the wife a maintenance allowance of ₹10,000 per month in addition to the ₹6,000 already awarded for the minor child.
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