Shouldn’t get married if one can’t provide for wife: Allahabad High Court raps man in maintenance dispute

Husband’s argument

• It was the husband’s case that the trial court, without considering his financial condition, saddled him with an expenditure of Rs 4,000 per month to be paid to his wife.
• His counsel argued that the trial court had not considered the details pertaining to his income, expenditure and other liabilities while passing the impugned order.
• He also alleged that the wife was living with another man and pointed to a purported mutual separation affidavit between them.
• It was submitted that the trial court overlooked this aspect while awarding the maintenance to the wife.

Court’s ruling

• The Allahabad High Court, however, noted that the family court had already considered these contentions and recorded that such allegations were disputed questions of fact, which would have to be established during trial.
• The court said it had gone through the impugned order and that the trial court had considered the same.
• On the quantum of maintenance, the bench held that Rs 4,000 per month could not be said to be excessive, especially in light of present-day living costs.
• Keeping in view the cost of living today, “it cannot be said that the amount is in excess and not affordable for the appellant,” the Allahabad High Court noted.
• It rejected the husband’s plea that he was merely a labourer, noting that no concrete material was placed before the court to substantiate his financial incapacity. It further added that a man is bound under the law to maintain his wife once he marries a woman.
• Finding no infirmity in the family court’s order, the Allahabad High Court dismissed the appeal and upheld the maintenance direction, including payment of arrears in instalments.