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Allahabad High Court, in an important decision, said that even an unemployed husband is bound to provide maintenance to his wife under the law because he can earn Rs 350 to 400 per day as an unskilled labourer. This decision was given by Justice Renu Aggarwal of the Lucknow bench of the High Court by rejecting the husband’s revision petition challenging the order of the Family Court Unnao.
The family court had ordered the petitioner to pay Rs 2000 as monthly maintenance to his wife. In this case, the wife had filed a case of assault and dowry harassment against the husband. When the wife did not return to her in-laws’ house, the husband filed a case under the Hindu Marriage Act for restoration of conjugal rights, which is pending. Meanwhile, the wife filed an application in the court to get maintenance allowance from her husband.
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On this the court ordered to give Rs 2000 every month. The husband challenged the order in the High Court and said that the wife was living at her parents’ house since January 28, 2016. In such a situation, she is not entitled to receive maintenance from her husband. The husband said that he is unemployed. He drives a Maruti van, which doesn’t generate much income.
On this, the court quoted a precedent and said that even if it is considered that the husband has no income, he is still obliged to provide maintenance to the wife. The husband is healthy and capable of earning a living. Even if he works as an unskilled labourer, he can earn Rs 350 to 400 per day.
