Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More

The Punjab and Haryana High Court has dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband.

The lower court had ordered the husband to pay Rs. 15,000 per month to the wife in order to meet the expenses of the two children, who were residing with her. The petitioner sought to get rid of his responsibilities of a father on the pretext that his wife was earning more than him and he had his old parents to look after.

The Punjab and Haryana High Court in Amit Kumar v. Navjot Dubey, denied to accept the husband’s contention and upheld the decision of the district court. The single bench of Justice Rekha Mittal held, “Taking into consideration, prices of daily necessities of life, expenses on education of the children, who have to meet the challenges of the society and face peer pressure, I find it difficult to accept contention of the petitioner that maintenance pendente lite assessed by the court below is on higher side and requires reduction.”

The court observed that the wife is entitled to enjoy the same amenities of life as she would have been had she been staying in the matrimonial home, adding that it was the settled position of law.

Read the Judgment here.

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