Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and children

The Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge (Family Court), directing him to pay monthly maintenance of Rs 2,500 to her wife (from the date of filing of Section 125 CrPC application by the wife) and thereafter, Rs 3,600/- per month.

It was the submission of the Husband that the wife was never satisfied with her marriage she deserted him of her own. He submitted that in view of Section 125(4) CrPC, as the wife had herself left the matrimonial home without any rhyme and reason, she was not entitled to any maintenance.

It was further submitted that the respondent-wife is well educated has a Masters' degree in Hindi and her father is working as a Clerk with a practicing Lawyer and the petitioner/husband is getting a meager salary of Rs.4,000/- per month thus, the maintenance granted by the Family Court deserves to be set aside.

The Court, in its order, observed that there was nothing on record showing that the respondent-wife had deserted the petitioner without any rhyme and reason. The Court also discarded the argument of the Husband that since the respondent-wife is well educated and has done her MA in Hindi and thus, she is not entitled to the maintenance

"The petitioner is an able-bodied man and as per the law settled by Hon'ble Supreme Court in plethora of judgments, the husband is legally and morally responsible to look after his wife and children...The provisions of Section 125 Cr.P.C. are there to prevent the destitution and vagrancy."

Consequently, weighing the facts and circumstances of the case on the anvil of law settled, the Court found that the maintenance granted to the wife in view of the income of the petitioner was reasonable and did not suffer from any illegality and thus, the plea was dismissed.

Case title - Lovedeep Singh v. Gurpreet Kaur [CRR(F)-314-2022]

Citation: 2022 LiveLaw (PH) 94

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