Liability of maintenance on husband even if he is a begar :P&H High Court

The High Court of Punjab and Haryana has stated that a husband, even if he is a professional beggar, is morally and legally responsible for supporting his wife if she cannot support herself. The decision was made when a husband filed a petition challenging a lower court’s ruling that granted his wife a monthly maintenance of Rs 5,000 during their divorce proceedings. However, the court dismissed his plea.

According to the court, the petitioner, who is physically capable, should be able to earn at least Rs.500/- or more per day, even as a manual laborer. Therefore, considering the increasing prices of basic necessities, the maintenance amount of Rs.5,000/- per month awarded to his wife during their divorce proceedings cannot be considered excessive. The wife had filed for divorce and also requested maintenance pendente lite from her husband under Section 24 of the Hindu Marriage Act, asking for Rs.15,000/- per month and litigation expenses of Rs.11,000/-.

The trial court granted maintenance pendente-lite to the wife at the rate of Rs. 5,000/- per month, which the husband challenged by filing a revision plea in the High Court. The court also ordered the husband to pay a lump sum of Rs. 5,500/- as litigation expenses along with Rs. 500/- per hearing upon his wife’s attendance before the court. However, the High Court dismissed his plea, stating that a husband has both moral and legal obligations to provide for his wife, even if he is a professional beggar. As the husband failed to prove that his wife had any means of earning or sufficient property, the court found the trial court’s decision to award maintenance and litigation expenses under Section 24 of the Hindu Marriage Act reasonable and appropriate.

Source: https://www.livelaw.in/news-updates/punjab-and-haryana-high-court-professional-beggar-moral-legal-liability-maintain-wife-unable-maintain-herself-225086