The Punjab and Haryana High Court recently ruled that a husband must pay maintenance to his wife, even if he is a professional beggar. Dismissing a husband’s plea against a lower court’s maintenance order, the court stated that a husband has both a legal and moral obligation to support his wife if she cannot sustain herself.
Justice HS Madaan heard the case where the husband challenged a lower court’s decision, which required him to pay Rs 5,000 per month in maintenance to his wife, who had filed for divorce. The wife had initially sought Rs 15,000 per month in maintenance and Rs 11,000 for litigation expenses under the Hindu Marriage Act. However, the lower court ruled that the husband should pay Rs 5,000 monthly for maintenance and a lump sum of Rs 5,500 for legal costs.
Husband’s Appeal Dismissed
The husband, dissatisfied with the lower court’s ruling, appealed to the High Court to reduce the amount. During the hearing, Justice Madaan pointed out that the husband was physically capable of working. The court highlighted that even manual laborers can earn around Rs 500 per day, and considering the rising cost of living, the maintenance amount was fair.
The court observed, “A husband is an able-bodied person, and today, even a laborer earns Rs 500 or more daily. Considering the rising prices of basic necessities, the maintenance amount is not excessive.”
Moral and Legal Responsibility
The High Court further stressed that it is both a husband’s moral and legal responsibility to support his wife if she lacks the means to support herself, regardless of his profession. Justice Madaan remarked, “Even if a husband is a professional beggar, he is legally and morally bound to maintain his wife. The husband could not prove that his wife had any independent means of income or property.”
As a result, the court upheld the lower court’s decision and dismissed the husband’s appeal, ordering him to continue paying the maintenance as directed.
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