Introduction:

In a recent judgment, the Allahabad High Court reaffirmed a husband’s duty to provide maintenance to his wife under Section 125 of the CrPC, even if he has no income from his job. Citing a Supreme Court ruling (Anju Garg vs. Deepak Kumar Garg), the court held that an able-bodied husband is obligated to earn through physical labor, emphasizing the legal responsibility unless exceptions mentioned in the statute apply. The case involved a criminal revision plea challenging a family court’s order directing the husband to pay maintenance to his wife.

Arguments:

The husband, represented by Arjun Singh Somvanshi, argued that his wife voluntarily left their matrimonial home without valid reason and is economically self-sufficient, making him exempt from maintenance obligations. He claimed to be seriously ill, earning a meager income, and residing in a rented accommodation. On the contrary, the wife, represented by G.A. Salma Bano and Shresth Agarwal, alleged cruelty and dowry harassment as reasons for leaving, asserting that the husband had additional income sources from a factory job, Maruti Van rent, and agricultural land.

Court’s Judgement:

The Allahabad High Court, presided over by Justice Renu Agarwal, rejected the husband’s contentions, noting that he was capable of earning and obligated to provide maintenance. The court cited the Supreme Court precedent, emphasizing the husband’s responsibility, even as an unskilled laborer, to meet his duty. The absence of evidence proving the wife’s adultery, which would disentitle her to maintenance, further strengthened the court’s decision. The husband’s revision plea was dismissed, upholding the family court’s order to pay Rs. 2000 per month from the date of application.