Justice HS Madaan of the Punjab & Haryana High Court has observed in a matrimonial case that a husband has a moral and legal liability to maintain his wife who is unable to maintain herself, even if he is a professional beggar.

The bench while dismissing a revision plea filed by the husband against an order directing him to pay maintenance to his wife stated 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."

The Court noted that the "respondent is an able-bodied person and now a days, even a manual labourer 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 higher side."

The Court also observed that, "wife has got any means of earning or is possessed of sufficient property. Therefore, the trial Court was justified in accepting application under Section 24 of the Hindu Marriage Act and granting maintenance as well as litigation expenses etc. as detailed above."

The trial court had awarded maintenance at ₹5,000 per month to the wife during the pendency of the divorce case. It was also directed the husband to pay a lump sum of ₹5,500 to his wife as litigation expenses along with ₹500 per hearing on getting marked her presence before the court.

The case was filed and presented by Advocate Gurmeet Kaur for the husband.

Case Details:-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-1802-2023(O&M)
Date of decision:-22.3.2023
Sandeep  Versus Suman