Able-Bodied Husband Who Can Support Himself Is Bound To Support Wife; Not Having A Job/ Business No Excuse: Gauhati HC

A bench of Justice Malsari Nandi added that the husband's plea that he does not have the means to pay because he does not have a suitable job or business is a “bald” excuse that is not acceptable in law.

The HC made these observations in response to a man's revision plea against an order of a Family Court directing him to pay his wife (respondent No. 2) Rs. 2200 /—in monthly maintenance u/s 125 CrPC.

Challenging the family court's order in the HC, the husband argued that his wife is a disobedient lady and never showed any intention to lead a peaceful conjugal life with the petitioner, and as such, the Judgment and Order of the Family Court was liable to be set aside.

It was also argued that the petitioner (husband) is a daily wage earner, earning about Rs. 2500/—to 3000/—per month, and has an old-aged mother totally dependent on the petitioner. Under such a backdrop, awarding a monthly maintenance of Rs. 2200/—is unjustified.

After reviewing the evidence of the witnesses and the provision of law under Section 125 CrPC, the Court noted at the outset that an order under Section 125 CrPC can be passed if a person, despite having sufficient means, neglects or refuses to maintain his wife.

The Court said that if the husband is healthy, able-bodied and in a position to support himself, he is legally obligated to support his wife, and he can't take a plea that he has no job or business.

The Court further noted that the marriage between the parties was not disputed, and it is also not in dispute that the wife had left her husband's house after being harassed, and therefore, the husband would be duty-bound to pay maintenance to the wife.

In this regard, the Court also relied upon the Madhya Pradesh High Court's judgment in the case of Durga Singh Lodhi Vs. Prembai and others 1990 wherein it was held that mere absence of visible means or real estate would not entitle such a person to escape the liability to pay maintenance awarded under Section 125(1), as even at the stage of enforcement of the order under Section 125(1), an able-bodied, healthy person capable of earning, must be subjected to pay maintenance allowance.

Against this backdrop, the court upheld the family court's order, directing the husband to pay Rs. 2200/- as monthly maintenance to wife u/s 125 CrPC.