The Gauhati High Court has ruled that a husband who is healthy, able-bodied, and capable of earning is under a legal duty to support his wife. The Court clarified that excuses such as unemployment or lack of business opportunities cannot be used to escape this responsibility.
Court’s Observations
Hearing a revision petition against a Family Court order under Section 125 CrPC, Justice Malasri Nandi stated that maintenance can be granted if a husband has sufficient means but neglects or refuses to support his wife.
The Court observed:
“If the husband is healthy, able-bodied, and in a position to support himself, he is legally bound to maintain his wife. Excuses about unemployment or lack of income are baseless and not acceptable in law.”
Case Background
The case was filed by a wife who claimed she had to leave her matrimonial home due to physical and mental harassment. The Family Court ordered the husband to pay ₹2200 per month as maintenance. Dissatisfied, he filed a revision petition before the High Court.
Legal References
The Court referred to the Madhya Pradesh High Court ruling in Durga Singh Lodhi vs. Prembai (1990 Cr.L.J. 2065), which held that the absence of visible income does not exempt a capable husband from paying maintenance.
It also cited the Supreme Court’s decision in Shamima Farooqui vs. Shahid Khan, which emphasized that a woman forced to leave her marital home should not be left destitute. She has the right to live with dignity, matching the standard of life she enjoyed in her husband’s house.
Verdict
Since the marriage was undisputed and evidence showed that the wife left due to harassment, the Court upheld the Family Court’s decision. It dismissed the husband’s revision petition, reaffirming that he must provide maintenance.
Cause Title: Mahim Ali v. State of Assam
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