Able-Bodied Husband Cannot Plead Financial Constraint, No Excuse for Maintenance Non-Payment: Orissa High Court

The Orissa High Court dismissed a husband’s plea challenging a maintenance order, observing that an educated and able-bodied man cannot avoid supporting his wife and minor children by citing financial hardship, as he is presumed capable of earning and fulfilling his legal responsibility.

Obligation to Maintain Spouse Is Primary, Loan Repayments Can’t Override Maintenance Duty: Supreme Court

Supreme Court of India ruled loan repayments creating assets cannot reduce husband’s maintenance duty. Court held such financial commitments are voluntary, reaffirming statutory obligation to support estranged wife over capital investments or non essential expenditures.

Husband Cannot Evade Maintenance by Saying He Served Jail: Allahabad High Court

The Allahabad High Court held a husband cannot avoid paying maintenance to his wife and children merely due to imprisonment for non-payment. The court clarified such punishment does not clear arrears or end the continuing legal obligation.

Wife Cannot Be Assumed to Be Earning or Capable of Supporting Herself: Delhi High Court in Maintenance Case

The Delhi High Court held that a wife cannot be presumed to be earning for interim maintenance without proof. Justice Swarana Kanta Sharma rejected the husband’s claim of nursery teacher employment, noting absence of documentary evidence supporting alleged income.

Stridhan Or Inherited Property Cannot Defeat Wife’s Maintenance Claim: Delhi High Court Rejects Husband’s Plea

The Delhi High Court held a husband cannot rely on wife’s inherited property or family gifts to oppose maintenance, stressing her earning capacity. It said, “stridhan or inherited property cannot be treated as income to defeat her claim.”