‘Husband has moral liability to maintain his wife even if…’, Punjab HC

Punjab and Haryana High Court dismissed a plea filed by a husband who challenged an order passed by a subordinate court awarding ₹5,000 as monthly maintenance to the wife during the divorce pendency.

“A husband has got a moral liability to maintain his wife unable to maintain herself, even if he is a professional beggar,” the court observed as quoted by Livelaw. 

“The husband is an able-bodied person. Nowadays, even a laborer manages to earn ₹500 or more per day,” the court said keeping in view the trend of inflation which is making even basic things costly.

The report published by Livelaw stated that the petitioner's wife had moved a divorce petition along with filing an application under Section 24 of the Hindu Marriage Act. She also sought maintenance from her husband ₹15,000 per month besides litigation expenses of ₹11,000. 

The court ordered the petitioner to pay his wife a lump sum amount of ₹5,500 as litigation expenses and ₹500 per hearing. However, the husband challenged this order and moved to the High Court with his revised plea. 

“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 observed while dealing with the revised petition.