Allahabad High Court noted that by engaging in unskilled labor, the petitioner could potentially earn between Rs. 350 to Rs. 400 per day as minimum wages. The court observed that the petitioner’s objection lacked any concrete evidence or details about the alleged adulterous partner. The court also mentioned that the petitioner has the right to file an application under section 127 of the Cr.P.C. if he intends to prove the wife’s involvement in adultery and seek relevant legal relief.
Allahabad High Court has reaffirmed the duty of a husband to maintain his wife, even in the absence of formal employment income, emphasizing the potential earnings from unskilled labour. This decision was articulated by Justice Renu Agrawal of the Lucknow Bench while dismissing a revision petition filed by a husband against a family court’s order.
The case, which has drawn considerable attention, involves a couple married in 2015. The wife, after filing an FIR against her husband and in-laws over dowry demands under sections 498-A, 323, 504, 506, and 3/4 of the DP Act, left to live with her parents in 2016. The husband, challenging the family court’s directive to pay ₹2,000 monthly for maintenance under section 125 of the Code of Criminal Procedure (CrPC), approached the High Court on February 21, 2023.
In his defense, the husband claimed serious illness and financial constraints, stating he was a labourer with responsibilities towards his parents and sisters. He also contended that his wife, a graduate earning ₹10,000 monthly from teaching, did not require maintenance. However, the court found no substantial evidence to support his claims regarding his wife’s income.
Justice Agrawal’s ruling was particularly notable for its reference to a Supreme Court judgment in the case of Anju Garg v. Deepak Kumar Garg, held that the petitioner is obligated to provide financial support to his wife.
The judge observed,
“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 a minimum wages as an unskilled labour.”
Additionally, the bench addressed the petitioner’s counsel’s claim that the wife was involved in adultery. However, no substantial evidence was presented to support this accusation during the trial. The court observed that the petitioner’s objection lacked any concrete evidence or details about the alleged adulterous partner. The court also mentioned that the petitioner has the right to file an application under section 127 of the Cr.P.C. if he intends to prove the wife’s involvement in adultery and seek relevant legal relief.
This judgment underscores the legal obligation of a husband to support his wife financially, regardless of his employment status, and sets a precedent for similar cases. The court’s decision, aligning with the principles laid down by the Supreme Court, reinforces the notion that financial responsibility in a marriage does not cease in the face of unemployment or underemployment.
Case Title: Kamal vs. State of UP.
Bench: Justice Renu Aggarwal
Case No.: Criminal Revision No. 461 of 2023
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