Is Husband Bound to Pay Maintenance Even if Wife is Earning ?
#punjab #haryana #hc-#divorce #marriage #advocateajaykummar
While dismissing a husband’s revision petition challenging a family court order, the Punjab and Haryana High Court stated that even if the wife is working/employed the Husband is legally and Morally liable to pay Maintenance.
The Court ruled:
The maintenance under Section 125 Cr.P.C. is to prevent the vagrancy. The wife is equally entitled for living standard which she was enjoying while living with her husband. The husband is an able-bodied man and hence, he cannot wriggle out of the responsibility he is legally bound to discharge.
On December 7, 2018, the petitioner husband filed a revision petition challenging an order of the District Judge (Family Court), Moga, ordering interim maintenance of Rs.3,500 per month for the wife and Rs.1,500 per month for the minor daughter. Is.
According to the petitioner, they married on April 29, 2017, and their daughter, who is now living with her mother, was born in March 2018.
The husband stated that they began living apart due to the wife’s quarrelsome nature. The petitioner stated that his wife has an MA, B.Ed, and is employed as a teacher with a good salary, whereas he is employed as a trainer under the welfare scheme.
However, due to Covid, he has not received his salary since February 2021. He is completely reliant on his father for financial support.
He also stated that he has filed a divorce petition under Section 13 of the Hindu Marriage Act because he is fed up with his wife’s work and behaviour.
In its order, a bench of Justice Rajesh Bhardwaj stated that the Supreme Court has passed several judgments, making it a very clearly established law that even if the wife earns, the husband is legally and morally entitled to her maintenance.
According to Justice Rajesh Bhardwaj, the purpose of alimony under Section 125 Cr.P.C. of the CrPC is to prevent the vagarancy.
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Dr Ajay kummar Pandey
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