Dismissal Of Suit For Default Doesn't Bar Fresh Partition Suit As Cause Of Action Is Recurring; Second Rejection Of Plaint Application Barred By Res Judicata: Telangana High Court Married Daughter Entitled To Appointment As Fair Price Shop Dealer On Compassionate Grounds; Marital Status No Bar: Allahabad High Court Finding Of Title Cannot Be Recorded In Injunction Simpliciter Suit Absent Specific Pleadings & Issues: Andhra Pradesh High Court Conviction Not A Condition Precedent For Confiscation Of Vehicle Used In Forest Offence: Bombay High Court Advocate’s Professional Call To Client No Proof Of Conspiracy; Sterling Evidence Like CCTV Can Justify Quashing FIR: Gujarat High Court Revenue Entries Changed Without Notifying Affected Parties Are Void; High Court Can Upset Perverse Findings In Second Appeal: Himachal Pradesh HC Mandatory Injunction For Removing Sunshades Or Closing Windows Cannot Be Granted If No Encroachment Is Proved: Karnataka High Court Employer Cannot Resume Work Through Third Parties Until 30-Day Period For Contractor’s Post-Termination Compliance Expires: Madras High Court Circumstantial Chain Fails If Prosecution Doesn't Rule Out Accidental Death: Madhya Pradesh High Court Acquits Two In Murder Case Wife’s Status As Practicing Lawyer Or Professional Qualification No Absolute Bar To Grant Of Interim Maintenance: Orissa High Court Legally Wedded Wife And Second Wife Entitled To Equal Share In Family Pension If Second Wife Was Nominated & Cared For Deceased: Andhra Pradesh High Court Specific Performance Suit Filed At The Fag End Of Limitation Reflects Lack Of Readiness And Willingness: Supreme Court Specific Performance Cannot Be Granted If Plaintiff Fails To Prove Financial Readiness At Relevant Time Of Transaction: Supreme Court MACT |Just Compensation For Deceased Professional Students Must Reflect Future Career Trajectory: Supreme Court Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

Sacrosanct Duty of Husband to Financially Support Wife, Even if Able-Bodied and of Limited Means: Delhi HC Upholds Wife’s Maintenance

25 September 2024 6:18 PM

By: Deepak Kumar


On September 20, 2024, the Delhi High Court, in Manish v. State of NCT of Delhi & Anr., dismissed a petition challenging a Family Court’s order granting maintenance to the wife under Section 125 of the Criminal Procedure Code (CrPC). The Court upheld the award of ₹5,500 per month with a 10% increment every two years, stating that the petitioner failed to substantiate claims that his wife was living separately without reasonable cause.

The case originated when Respondent No. 2 (the wife) filed an application under Section 125 CrPC, seeking maintenance on the grounds of dowry harassment, domestic violence, and her husband's failure to support her financially. The Family Court awarded maintenance, but the husband (petitioner) challenged this decision, claiming that his income was overstated and that his wife had no sufficient reason to live separately. The petitioner further argued that his wife’s educational qualifications (holding a BA and MA degree) should disqualify her from receiving maintenance.

The petitioner argued that the Family Court had wrongly assessed his income at ₹16,000 per month, based on the minimum wage in Delhi, even though he was employed in Uttar Pradesh where the minimum wage is lower.

The Court, relying on precedents such as Kiran Tomar v. State of U.P. and Bharat Hegde v. Saroj Hegde, dismissed this argument, noting that in matrimonial disputes, parties often understate their income, and reasonable estimates must be made.

"Courts are permitted to make some guess work and arrive at a figure that a party may reasonably be earning," observed the Court [Para 37].

The petitioner contended that his wife had left the matrimonial home without sufficient reason, disqualifying her from maintenance under Section 125(4) CrPC. He cited incidents where the wife was not present at the home on dates she claimed to be assaulted and argued that she had refused to reconcile.

However, the Court found the wife's testimony credible, especially her allegations of dowry harassment and physical violence. It noted that the husband had not provided sufficient evidence to prove that the wife was living separately without justifiable cause.

"A wife cannot be disentitled from claiming maintenance merely because she seeks divorce after having left the company of her husband due to sufficient reasons" [Para 31].

The petitioner claimed a portion of his income should be allocated for the maintenance of his parents. However, the Court dismissed this claim, finding no evidence on record to show that his parents were dependent on him.

"Merely a bald averment that the petitioner was living with his parents is insufficient" [Para 38].

The petitioner argued that since his wife was well-educated, she should not receive maintenance. The Court rejected this argument, holding that educational qualifications alone do not disqualify a wife from receiving maintenance unless it is shown that she is capable of self-support.

"Merely because Respondent No.2 is educated, the same alone is not a ground to deny her maintenance" [Para 42].

Justice Amit Mahajan dismissed the petition, affirming the Family Court’s order. The Court emphasized that the object of Section 125 CrPC is to prevent vagrancy and ensure that a deserted wife is financially supported.

Citing Chaturbhuj v. Sita Bai and Anju Garg v. Deepak Kumar Garg, the Court reiterated the principle that a husband cannot shirk his duty to support his wife. The husband's claim of financial incapacity to pay maintenance was also rejected, as the Court noted inconsistencies in his financial disclosures.

"It is the sacrosanct duty of the husband to provide financial support to the wife... The husband is required to earn money even by physical labour if he is able-bodied" [Para 40].

The Delhi High Court upheld the Family Court’s maintenance award, reiterating that the husband's responsibility to support his wife is non-negotiable, even in cases of limited means. The Court found no infirmity in the lower court's assessment of the facts and ruled that the maintenance of ₹5,500 per month was just and reasonable.

Date of Decision: September 20, 2024

Manish v. State of NCT of Delhi & Anr.

Latest Legal News