Wife Right to Maintenance Absolute HighCourt

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Ahmedabad: In a significant order on a married woman’s right to maintenance, Gujarat high court has ruled that if the husband is healthy and able-bodied, bald excuses such as his responsibility of maintaining other family members or footing medical bills are unacceptable in law, as under Section 125 of the CrPC, a wife’s right to maintenance is absolute unless disqualified.

Justice DA Joshi dismissed a petition by a man challenging a Bhavnagar family court’s order directing him to pay Rs 10,000 monthly maintenance to his wife, who has lived separately since 2009. The husband claimed his wife’s desertion disqualified her from maintenance. He also cited his low income, sponsibility of maintaining other family members and footing their medical bills.

Justifying a woman’s right to maintenance, HC said once she leaves her matrimonial home, she is deprived of many comforts. Her faith in life may be reduced or she may think her courage has brought misfortune. At this stage, the only relief law can provide is that husband is bound to give monetary comfort.

For case specific advice, connect with Maintenance Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar online.

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