Bombay High Court: Man Must Pay Maintenance to Wife Even If Facing Financial Issues

The Bombay High Court’s Nagpur bench recently ruled that a man cannot avoid paying maintenance to his estranged wife and children, even if he is facing financial distress. The court emphasized that moral and legal responsibility cannot be ignored, regardless of financial hardships.

Court’s Observations

Justice Dangre, while delivering the verdict, stated:

“Even if a husband is struggling financially, he cannot avoid his responsibility to maintain his wife and children, especially if the wife is unable to support herself.”

The court noted that the husband’s earnings were on record and that he had taken a loan of ₹15 lakh for his business. However, financial struggles do not exempt him from providing for his family.

Wife’s Maintenance Claim

The wife and two minor children had approached the Bhandara family court under Section 125 of the Criminal Procedure Code (CrPC), seeking ₹39,000 per month for their maintenance. She claimed:

₹7,000 per month for each child
₹20,000 per month for herself
The husband earns ₹1 lakh per month from his automobile business

Family Court’s Decision

On August 1 last year, the family court ruled that the husband must pay:

₹5,000 per month for each child
₹8,000 per month to his wife
Cover his children’s educational expenses

The husband was also asked to clear arrears within six months.

Husband’s Appeal Rejected

The husband challenged the ruling in the High Court, arguing that he had tried to reconcile with his wife and that she refused to live with him without any reason. He claimed this absolved him from paying maintenance.

However, the High Court rejected his plea, stating:

The wife had suffered mental and physical abuse during their marriage.
The husband failed to prove that she was living in adultery or refusing to live with him without sufficient reason—both required conditions under Section 125(4) of CrPC.

Final Verdict

The High Court upheld the family court’s decision, reinforcing that a husband must provide financial support to his estranged wife and children. This ruling highlights the importance of spousal support in India’s legal system, ensuring that financial difficulties do not become an excuse to deny basic rights to a dependent spouse.

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