HC Rules Unemployed Husband Must Provide Maintenance to Wife, Suggests Unskilled Labor as Option

In a recent verdict, the Allahabad High Court has emphasized the obligation of a husband to provide maintenance to his wife, even if unemployed.

The court dismissed a revision petition by a man challenging a family court order that mandated him to pay ₹2,000 monthly to his estranged wife.

Background: The case involves a marriage in 2015, followed by the wife filing an FIR against the husband and in-laws over dowry demands. In 2016, she left their house to live with her parents. The husband, facing accusations, asserted before the court that he was seriously ill, worked as a laborer, and was responsible for his parents and sisters.

Key Points from the Verdict:

Duty-bound Maintenance: The court asserted that even if a husband has no income from a job, he remains duty-bound to provide maintenance to his wife. It suggested that he could earn around ₹300-₹400 a day as an unskilled laborer.

Dismissing Revision Petition: Justice Renu Agrawal of the Lucknow Bench dismissed the husband’s revision petition, affirming the family court’s order for ₹2,000 monthly maintenance.

Burden of Proof: The husband failed to provide documentation supporting his claim that the wife earned ₹10,000 per month from teaching, highlighting the importance of evidence in such cases.

Consideration of Health and Circumstances: The court acknowledged the husband’s health condition but emphasized that he was capable of physical work, which could contribute to his earnings.

Reference to Legal Precedent: The High Court referred to a 2022 Supreme Court case (Anju Garg) to support its stance that even if unemployed, a husband should provide maintenance, especially if engaged in unskilled labor.

Conclusion: The verdict sets a precedent by highlighting the husband’s duty to provide financial support to his wife, irrespective of his employment status. It underscores the court’s consideration of the potential for unskilled labor as a means for the husband to fulfill this obligation. This decision aligns with the broader legal framework emphasizing the financial responsibility of spouses even in challenging circumstances.