Acity court has said that a husband must maintain his wife as long as he is physically fit. “A husband may be an insolvent or a beggar, a Sadhu or a monk, but he must support his wife as long as he is able-bodied and can eke out his livelihood and support her,” additional sessions judge (ASJ) Sanjeev Aggarwal said in his order.
Recently, the Delhi HC in one of its orders had said that a husband need not pay maintenance to his wife if he is not employed.
Seeking maintenance from her husband, Dhirendra Kumari Pal (wife) submitted before the sessions court that she is unemployed and her husband, Ashutosh Kumar, earns a handsome amount. She, however, failed to submit the proof of Kumar’s income.
Kumar, in his defence, said that he works with a private coaching institute here and draws `3,200 per month, which he had submitted to the court. He has to take care of his old mother, who is suffering from various ailments and the amount is insufficient.
The court refused to accept the salary he was drawing and said that the certificate does not inspire the confidence of the court.
The sessions court further said, “If a person possessed no immovable property, but earned his livelihood by manual labour that too should be taken into consideration. Even such a person has a duty to support his wife.”