Lucknow: The Allahabad High Court observed that even if a husband has no income from a job he is duty-bound to provide maintenance to his wife, as he could potentially earn approximately Rs 300-400 a day as an unskilled laborer.
The observations were made by a bench of Justice Renu Agrawal of the Lucknow bench of the High Court while dismissing a revision petition filed by the man against a family court order directing him to pay Rs 2,000 per month as maintenance to his estranged wife.
Justice Agrawal instructed the principal judge of the trial court to take all available measures to recover the maintenance amount already granted in favour of the wife from the husband.
Husband filed revision petition
The husband lodged the revision petition with the high court on February 21, 2023, challenging the ruling of Family Court, Number 2, which had mandated him to provide maintenance under section 125 of the Code of Criminal Procedure (CrPC).
Based on the case details, the couple tied the knot in 2015. Subsequently, in 2016, the wife filed an FIR against her husband and in-laws alleging dowry demands. She then departed from their residence to reside with her parents.
Before the High Court, the husband argued that the principal judge overlooked the fact that his wife, who is a graduate, earns Rs 10,000 monthly from teaching. He further asserted that he was suffering from a serious illness and undergoing treatment. Additionally, he claimed to work as a laborer, residing in a rented room, and being responsible for the care of his parents and sisters.
Here's what High Court said
The High Court's order noted that the husband failed to provide any documentation substantiating his claim that his wife earns Rs 10,000 from teaching. Additionally, the court did not take into account the husband's argument regarding the financial dependency of his parents and sisters on him, as well as his income from agriculture and labor work.
The court took into account that the husband was in good health and had the ability to earn income through physical labor.
"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 Rs 300 to Rs 400 per day as a minimum wage as an unskilled labour," the HC observed.
(With PTI inputs)
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