Even A Professional Beggar Has A Moral & Legal Liability To Maintain His Wife, Who Is Unable To Maintain Herself: P&H High Court

The bench of Justice HS Madaan asserted thus while dismissing a plea filed by the husband challenging an order passed by the subordinate court awarding Rs 5K as monthly maintenance to the wife during the pendency of the divorce matter.

The court said that the husband/petitioner is an able-bodied person and nowadays, even a manual laborer manages to earn Rs.500/- or more per day and further keeping in view the trend of rising prices and that things of basic needs are getting very costly, the maintenance awarded cannot be said to be on the higher side.

Essentially, the wife of the petitioner had moved a divorce petition along with filing an application under Section 24 of the Hindu Marriage Act seeking maintenance pendente lite from her husband Rs.15,000/- per month besides litigation expenses of Rs.11,000/-.

The said application was allowed by the trial Court vide the impugned order granting maintenance pendente-lite @ Rs.5,000/- per month to her, payable by her husband.

The Court also ordered him to pay his wife a lump sum of Rs.5,500/- as litigation expenses along with Rs.500/- per hearing on getting marked her presence before the Court.

Challenging this order, the Husband moved to the High Court with his revision plea. Dealing with the same, the bench of Justice Madaan observed thus:

“Of course a husband has got a moral and legal liability to maintain his wife unable to maintain herself, even if he is a professional bagger. The respondent/husband could not establish on record that petitioner wife (herein respondent) has got any means of earning or is possessed of sufficient property.”

With this, the Court asserted that the trial Court was justified in accepting the application under Section 24 of the Hindu Marriage Act and granting maintenance as well as litigation expenses to her. Therefore, the revision plea was dismissed.

Case title – XXXX vs. YYYY

Citation: 2023 LiveLaw (PH) 50

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