The Punjab & Haryana HC in the case of Sandeep v Suman held that “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.”
A divorce petition was filed by the wife under section 24 of the Hindu Marriage 1955 seeking maintenance of Rs.15,000 per month and litigation expenses of Rs. 11,000. The trial court granted Rs.5,000 per month as maintenance and a lump sump of Rs.5,500 as litigation cost adding Rs.500 per hearing on getting marked her presence before the court. The court also noted that a husband is an able-bodied person and that nowadays, even a manual labourer manages to earn Rs.500 or more per day. Aggrieved by the decision of the trial court husband challenged the decision before HC.
Justice HS Madaan, further observed that “The impugned order passed by the trial Court is quite detailed and well reasoned and it does not suffer from any illegality or infirmity and is not having any element of arbitrariness or perversity,”