Allahabad High Court: Jobless Husband Must Pay Maintenance to Wife

The Allahabad High Court has ruled that a husband is duty-bound to provide maintenance to his wife, even if he has no income from a job, as he can earn a daily wage as an unskilled laborer. The court made this observation while dismissing a revision petition filed by a husband challenging a family court order asking him to pay Rs 2,000 monthly as maintenance to his estranged wife.

The Allahabad High Court has ruled that a husband is obligated to provide maintenance to his wife, even if he has no income from a job. The court observed that a husband can earn approximately Rs 300-400 per day as an unskilled laborer and must fulfill his duty to support his wife.

High Court Dismisses Revision Petition

Justice Renu Agrawal of the Lucknow bench of the High Court dismissed a revision petition filed by a husband challenging a family court order that required him to pay Rs 2,000 monthly as maintenance to his estranged wife. The court directed the principal judge of the trial court to take all necessary measures to recover the maintenance awarded to the wife.

Husband's Arguments

The husband had filed the revision petition, arguing that the family court failed to consider that his wife was a graduate earning Rs 10,000 per month from teaching. He also claimed to be seriously ill and undergoing treatment. Additionally, he stated that he worked as a laborer, lived in a rented room, and had to support his parents and sisters.

Court's Observations

The High Court noted that the husband failed to provide any evidence to substantiate his wife's earnings of Rs 10,000 from teaching. The court also disregarded his claims about his dependents and limited income from agriculture and labor work.

The court emphasized that the husband was a healthy individual capable of earning money through physical work. Even if he had no income from a job or rent from a Maruti van, the court held that he was still obligated to provide maintenance to his wife, as established by the Supreme Court in the case of Anju Garg (2022). The court reasoned that he could earn at least Rs 300 to Rs 400 per day as an unskilled laborer, which constitutes the minimum wage.

The Allahabad High Court's decision reinforces the husband's responsibility to provide maintenance to his wife, regardless of his employment status. The court's observation that a husband can earn a reasonable income through labor work highlights the importance of ensuring financial support for spouses in need.