Husband Must Pay Maintenance Even If Unemployed: Punjab and Haryana High Court
The Punjab and Haryana High Court recently ruled that a husband, even if he is a professional beggar or jobless, must support his wife financially if she cannot take care of herself. The court emphasized that it is both a moral and legal duty of the husband to provide maintenance.
Justice HS Madaan made this observation while hearing a petition filed by a husband challenging a lower court’s decision. The lower court had directed him to pay ₹5,000 per month as maintenance to his wife, who had filed for divorce and also requested ₹15,000 per month as maintenance and ₹11,000 as litigation expenses under the Hindu Marriage Act.
However, the lower court only granted her ₹5,000 per month for maintenance and ₹5,500 for legal costs. Displeased with this ruling, the husband took the matter to the High Court.
During the hearing, Justice Madaan stated that the husband is physically fit and can earn a living. He pointed out that even a daily wage worker earns at least ₹500 per day. Considering the current cost of living, the maintenance amount fixed by the lower court was reasonable.
He added, “The husband is an able-bodied man. Today, even manual labourers earn ₹500 or more daily. With prices constantly increasing, ₹5,000 per month is not a high amount for maintenance.”
The High Court dismissed the husband’s appeal and upheld the earlier order. It also stressed that the husband could not prove that his wife had any source of income or owned any property.
Justice Madaan concluded, “A husband has a moral and legal responsibility to support his wife if she cannot support herself, even if he is a professional beggar.” The husband was directed to follow the maintenance order issued by the lower court.
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