The Punjab and Haryana High Court recently stated that if a husband claims he cannot afford the maintenance ordered by the court, it becomes his responsibility to earn more to support his wife and children.
The court dismissed a petition filed by a man challenging a Family Court’s order that directed him to pay ₹24,700 per month to his wife and two children. He argued that his income wasn’t enough due to other financial responsibilities, including loans and taking care of his sick mother.
The couple married in 2014 and have two children. The husband, a Senior Male Nurse at SMS Hospital, Jaipur, earns ₹57,606 per month. He said that nearly half of his income was going toward maintenance and that his wife was working as a teacher, though he couldn’t provide proof of her earnings in court.
However, the High Court rejected these claims. Justice Puri said that a husband’s legal, moral, and social duty is to take care of his wife and children, even if he has other financial burdens. The Court emphasized that personal liabilities do not excuse someone from fulfilling this responsibility.
Regarding the amount of maintenance, the Court noted that the wife had custody of the two children, aged 8 and 6, who were likely attending school. Considering rising costs and inflation, the Court found ₹24,700 to be a fair and reasonable amount.
The Court concluded that the husband’s other liabilities cannot be used as an excuse to deny maintenance. It said that the obligation to maintain a wife and children is both a legal requirement and a social duty.
As a result, the husband’s plea was rejected.
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