Maintenance wife’s right, bald excuses won’t do: Gujarat HC | Ahmedabad News – Times of India

AHMEDABAD: In an important order on a married woman’s r ight to maintenance, the Gujarat high court declared that bald excuses that the husband has the responsibility of maintaining other f amily members or footing medical bills have no acceptability in law if he is healthy and able-bodied. This is because maintenance under Section 125 of the CrPC, a wife’s right to maintenance is absolute unless disqualified.
Justice D A Joshi dismissed a petition by a man challenging a Bhavnagar family court’s order to pay Rs 10,000 monthly maintenance to his wife, who has lived separately since 2009.
The husband clai med his wife’s desertion disqualified her from maintenance under Section 125(4) of the CrPC. He a lso cited low income, responsibility of maintaining other family mem- bers and footing their medical bills to argue that the maintenance amount was too high.
Justice Joshi rejected these contentions and observed: “Many husbands argue they lack means to pay due to unemployment or poor business. They may claim to have other family responsibilities or bear medical expenses, as pointed out by the applicant in the present case. However, these are only bald excuses, and, in fact, they have no accep tability in law.” The HC further clarified, “If the husband is healthy, able-bodied and is in a position to support himself, he is under the legal obligation to support his wife, for the wife’s right to receive maintenance under Section 125 of the CrPC, unless disqualified, is an absolute right.”
The court also justified a woman’s r ight to maintenance once she has to leave her matrimonia l home. “When the woman leaves the matrimonial home, the situation is quite different. She is deprived of many comforts. Sometimes the faith in life reduces. Sometimes, she feels that she h as lost the tenderest friend. There may be a feeling that her courage has brought her misfortune. At this stage, the only comfort that the law can impose is that the husband is bound to give monetary comfort. That is the only soothing legal balm, for she cannot be allowed to resign to destiny. Therefore, the lawful imposition for the grant of maintenance allowance.”