Husband's Duty To Maintain Wife When She Is Unable To Do So Herself: Punjab-Haryana HC

The Punjab and Haryana High Court made an observation stating that a husband has a duty towards maintaining his wife when she is unable to do so herself. This is the man's legal and moral responsibility towards his lawfully wedded wife.

A manual labourer earns a paycheck of 509 INR per day. Therefore, the husband, if able-bodied, should perform a job so that he can take care of his wife.

Recently Justice HS Madan rejected a plea filed by a husband looking to revise a former judgement asking him to pay maintenance money to his wife.

Husband's Duty To Maintain Wife

The petitioner, that is the husband, could not prove to the court that his wife has established means of property or earnings to take care of herself. The court therefore assessing the aforementioned held that a husband has a duty to financially support his wife even if he is a beggar.

The wife had applied for a divorce, post which she sought maintenance from her husband Section 24 of the Hindu Marriage Act of 1955. She asked for 11000 rupees of divorce litigation expenses to be paid to her by her husband. Additionally, she sought 15000 INR worth of maintenance payable per month by her husband.

The trial court directed the husband to pay 5000 rupees per month to the respondent during the divorce case pendency. The court also asked the husband to pay 5500 rupees to the respondent's wife as a divorce litigation fee. Furthermore, the court directed the husband to pay 500 rupees per hearing after her presence is marked at the court hearings.

The aggrieved petitioner's husband moved the high court for a revision of this judgement. The Punjab and Haryana High Court agreed with the judgement of the trial court. The judgement passed by the trial court was not infirm or illegal and therefore stands.

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