The Bombay high court has ruled that a man is bound to pay maintenance to his wife and children after separation, even if the wife has a comfortable income. The man has challenged the order in the High Court, claiming the maintenance sum was exorbitant. He sought to be freed from paying the bills of his wife’s establishment, claiming she earned enough to maintain a good lifestyle, while he had to pay for his ailing mother’s treatment for cancer.
- The High Court’s ruling came while hearing a petition field by a Pune resident, challenging a family court order to pay Rs 10,000 every month for his wife and Rs 15,000 for the couple’s two minor daughters.The family court had also asked him to pay the telephone, internet and cable bills, the property tax and the society maintenance charges for the bungalow in which his wife and daughters stay. He submitted he had spent over Rs 10 lakh towards his mother’s medical expenses and would be required to pay more as her treatment continued. He said the family court failed to consider his expenses.
Justice Mridula Bhatkar, however, rejected the plea, saying a man was bound to contribute towards his wife’s and children’s expenses even after his separation, irrespective of the money his wife earned.
“Maintenance” includes:
(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;
(ii) in the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage;
section 24 of Hindu Marriage Act grants right to maintenance to both the parties i.e. husband and wife to seek interim maintenance during the pendency of the matrimonial dispute. (Applicable across Gender)
Section 125 of the CrPC provides right to the wife, who doesn’t have sufficient means to support herself, to seek maintenance from her husband who has refused to maintain her. Unlike section 24 of the Hindu Marriage Act, the section doesn’t furnish any benefit to the husbands. This provision is open to all the wives irrespective of their religion. (Applicable across religion)
Section 18 of the Hindu Adoption and Maintenance Act, 1956 provides right to a wife to seek maintenance from her husband. (Applicable for wife)
Section 23 of the Protection of Women from Domestic Violence Act, 2002 empowers the Magistrate to pass interim and ex parte order qua maintenance to the wife where the wife has been the victim of domestic violence or there is likelihood that the husband (or any other respondent) may commit an act of domestic violence. (wife)
Section 36 of the Special Marriage Act, 1954- Wife can also avail the benefit under this law which empowers them to seek maintenance from her husband during the pendency of the matrimonial dispute provided she has no sufficient means to maintain and support herself. (For husband and wife)
Earlier this year even the Punjab and Haryana High Court while dismissing a revision plea of a man (husband) challenging the order of family court wherein interim maintenance has been granted to his wife (respondent), has said that “even if the wife is earning, the husband is legally and morally bound to maintain her”. The Bench of Justice Rajesh Bhardwaj said, “In view of the plethora of the judicial pronouncements by Hon’ble the Supreme Court, it is well settled law that even if the wife is earning, the husband is legally and morally bound to maintain her.” “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,” added Justice Bhardwaj.
A bench of Chief Justice Bobde and Justices AS Bopanna and V Ramasubramanian while hearing a maintenance petition told the man, a Tamil Nadu resident, “Husband cannot abdicate from his responsibility to provide maintenance to his wife and it is his duty to provide the maintenance“.
The Hon’ble Supreme Court of India in the case of Sunita Kachwaha vs. Anil Kachwaha has ruled pre-conditions qua the claim of maintenance from the husband under section 125 of the CrPC.
- Wife being unable to maintain herself.
- Husband has sufficient means to maintain her.
- Husband has neglected to perform his duty to maintain his wife.
Furthermore, the Hon’ble Court also said that merely because the wife is earning some money doesn’t debar her to claim maintenance from her husband.
In the case titled Shalija & Ors. Vs. Khobbanna the Hon’ble Supreme Court held that ‘capable of earning’ and ‘actually earning’ are two different concepts and merely because the wife is capable to earn money doesn’t give sufficient reason to the court to reduce the maintenance awarded to her. The Hon’ble Court clearly held that the qualification of the wife per se doesn’t create any barriers for the wives to seek maintenance from their husbands.
