Allahabad High Court Latest News: Allahabad High Court has made an important comment in a case related to maintenance allowance. The High Court has said that even if the husband has no income from his job, he is bound to provide maintenance to his wife. The court said that he can earn around Rs 300-400 per day as an unskilled labourer.
Justice Renu Aggarwal, attached to the Lucknow bench of the High Court, made these comments while rejecting the man’s revision petition against the order of the family court. In fact, the family court had ordered the petitioner husband to pay Rs 2,000 monthly as maintenance to his estranged wife. Justice Aggarwal directed the Chief Justice of the lower court to take all measures against the husband to recover maintenance in favor of the wife. Let us tell you that the husband had filed a revision petition in the Ihalabad High Court on 21 February 2023, challenging the order of Family Court No. 2.
what is the whole matter
According to the information, the petitioner was married in 2015. The wife lodged an FIR against her husband and her in-laws demanding dowry and left her husband’s house. In 2016, the wife started living with her parents. In this case, the family court had asked the husband to pay maintenance allowance. After this, the husband approached the Allahabad High Court saying that the Chief Justice failed to consider that his wife is a graduate and earns Rs 10,000 every month from teaching.
The petitioner had given this argument
The petitioner also said that he is seriously ill and is undergoing treatment. He lives in a rented room and has the responsibility of taking care of his parents and sisters. After hearing all the arguments, the High Court said that the husband could not present any document to prove that the wife earns Rs 10,000 per month by teaching. In such a situation, the court did not even consider his argument that his parents and sisters are dependent on him and he earns something by farming.
This is why the court did not accept the argument
The court held that the husband is a healthy person and physically capable of earning money. Even if the court holds that the husband has no income from his job or from renting a Maruti van, he is still bound to provide maintenance to his wife, as held by the Supreme Court. The court said, if he engages himself in labor work, he can earn around Rs 300-400 per day from minimum wages as an unskilled labourer.
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