Allahabad High Court held that a husband cannot avoid his legal obligation to maintain his wife on grounds of financial difficulty. Court observed that a person who cannot maintain spouse should not marry in first place at all.
The Allahabad High Court held that a husband cannot avoid the legal obligation to maintain his wife on the ground of financial difficulty. The court observed that a person who believes he cannot maintain his spouse should not marry in the first place.
A bench comprising Justices Atul Sreedharan and Vivek Saran dismissed a plea filed by husband Tej Bahadur Maurya, challenging a family court order that directed him to pay interim maintenance to his wife while a matrimonial dispute case was pending.
The bench said,
“Once a man marries a woman, he is bound under the law to maintain her,”
In this case, the family court had ordered the appellant to pay Rs 4,000 as interim maintenance to his wife.
The husband approached the High Court, arguing that the family court had failed to consider his financial situation before passing the order. He also contended that the wife was living with another man and that there was a mutual separation between the parties, supported by an affidavit.
The bench noted that these claims were duly considered by the family court. It further took note of the wife’s submission that she is responsible for supporting their children and has no independent source of income.
After reviewing the record, the High Court, in an order dated April 7, held that, considering the current cost of living, the amount cannot be regarded as excessive or beyond the appellant’s capacity.
The court also rejected the argument that the husband was only a labourer, as he did not provide additional details or evidence supporting that claim.
MAINTENANCE LEGAL PROVISIONS IN INDIA
- Section 125 CrPC
- Provides maintenance to wife, children, and parents.
- Applies to all religions.
- Prevents destitution.
- Hindu Marriage Act, 1955
- Section 24: Interim maintenance for husband or wife.
- Section 25: Permanent alimony.
- Hindu Adoptions and Maintenance Act, 1956
- Section 18: Wife’s right to maintenance.
- Sections 19–20: Maintenance of widows, children, and parents.
- Domestic Violence Act, 2005
- Section 20: Monetary relief including maintenance.
- Fast and flexible remedy.
- Special Marriage Act, 1954
- Sections 36–37: Alimony and maintenance for spouses.
- Muslim Women (Protection of Rights on Divorce) Act, 1986
- Maintenance during iddat, mehr, and other rights.
- Long-term support also possible under Section 125 CrPC.
- Other Personal Laws
- Christians, Parsis, and other communities have separate maintenance rules.