Punjab and Haryana HC Held Husband Is Liable To Maintain Wife Even If He Is A Beggar

The Punjab and Haryana High Court bench comprising Justice HD Madan recently held that a husband has the moral and legal liability to maintain his wife even if he is a beggar. 

In the matter at hand the wife Suman filed for divorce and filed an application for maintenance under Section 24 of the Hindu Marriage Act at an amount of Rs.15,000 per month and litigation expenses of Rs.11,000. The application was allowed by the trial court at Rs.5,000 per month and further lump sum amount of Rs.5,500 towards litigation expenses and Rs.500 per hearing.

The husband then approached the high court. The high court observed that the husband is able bodied and manages to earn Rs.500 or more as a manual labourer and noted that the prices and expenses are increasing everyday. The bench further observed that the trial court was justified in granting maintenance. 

The court observed that a husband has the moral obligation to maintain his wife if she is unable to mainatain herself even if the husabnd is a professional beggar. The order was based on the fact that it could not be proved that wife has any other means of earning.

The high court bench observed-

“The impugned order passed by the trial Court is quite detailed and well reasoned and it does not suffer from any illegality or infirmity and is not having any element of arbitrariness or perversity. The revisional jurisdiction of this Court is quite limited and considering the facts and circumstances of the case, there is no reason to interfere with the impugned order by way of exercising the revisional jurisdiction.”