Punjab & Haryana High Court rules that a husband is bound to maintain his wife for life, regardless of age, ordering an 86-year-old paralysed man to pay monthly maintenance.
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Chandigarh: The Punjab and Haryana High Court has reiterated the legal and moral duty of a husband to maintain his wife, regardless of age, if he has the financial means to do so.
Justice Shalini Singh Nagpal made this crucial observation while upholding a family court’s order directing an 86-year-old Army veteran to pay Rs 15,000 per month as interim maintenance to his 77-year-old wife.
Court’s Observation
The Court held that a wife cannot be left to depend solely on her children for survival if her husband has the capacity to provide financial support. It emphasized:
“The husband, who has the financial capacity and income to support his wife is bound by law and morality to maintain her as long as she is alive. It is no answer to her claim of maintenance that she can seek support and maintenance from her sons.”
The Court highlighted that the wife was not gainfully employed and required protection from destitution and penury.
Arguments by Husband
The counsel for the octogenarian husband argued that:
- He was paralysed and helpless, being looked after by his sons.
- The wife, supported by her children, did not need maintenance.
- His property was in the possession of his sons, and he could not manage it.
However, the Court found that:
- The husband undisputedly receives a pension of Rs 42,750 per month.
- He remains the legal owner of 2&1/2 acres of land in his village, irrespective of its possession.
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Reasoning of the Court
The Court balanced the status of the parties, the reasonable wants of the wife (food, shelter, clothing, medical care), and the income of the husband. It concluded that awarding Rs 15,000 per month as interim maintenance plus Rs 11,000 towards litigation expenses was fair and reasonable.
Dismissing the husband’s appeal, the Court upheld the family court’s ruling and stressed that maintenance is not merely a legal obligation but also a moral one.
Appearance:
Petitioner: Advocate Himanshu Joshi
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