Is A Man Bound To Pay Wife Maintenance Despite Having No Income?

In a recent ruling, the Allahabad High Court said that a man is duty-bound to pay for the maintenance of his wife even if he doesn't have any income-providing job. The court said that a man can always earn ₹ 300-400 a day by working as an unskilled labourer. 

As per the reports, the couple in question got married in 2015. But, later the wife filed an FIR against her husband and in-laws for dowry demand and left her matrimonial house in 2016. She moved to her parents' house. The principal judge of a family court ascertained that the husband must pay ₹ 2,000 monthly to the wife as maintenance under section 125 of the Code of Criminal Procedure (CrPC). 

However, the husband challenged the judgement and filed a plea in the High Court on February 12. But the High Court dismissed his plea and upheld the family court's judgment. 

What was the husband's plea?

The husband had pleaded that his estranged wife was a graduate and was earning ₹ 10,000 a month from teaching. He also said he was seriously ill and was under treatment. He further pleaded that he was working as a labourer, living in a rented room and had to take care of his parents and sisters. 

What did the court say

However, the Lucknow bench of the High Court rejected his plea saying that he couldn't produce any document that proved that his wife was earning 10,000 a month. It also rejected his plea that he was not earning enough as a labourer in agriculture and that his family was dependent on him. 

The court rather said that the husband was a healthy man and capable of earning enough money through physical labour.  

The court concluded by saying, "For the sake of argument, if the court presumed that the husband had no income from his job or from a rent of Maruti van, even then he was duty-bound to provide maintenance to his wife as is held by the Supreme Court in the case of Anju Garg in 2022 as, if he engaged himself in labour work he may earn as about ₹ 300 to ₹ 400 per day as minimum wages as an unskilled labour."