The Punjab and Haryana High Court dismissed a husband’s appeal of a subordinate court’s decision awarded the wife 5,000 per month in support while the divorce pendency.
“A husband has got a moral liability to maintain his wife unable to maintain herself, even if he is a professional beggar,” the court observed.
“The husband is an able-bodied person. Nowadays, even a laborer manages to earn ₹500 or more per day,” keeping in view the trend of inflation which is making even basic things costly, the court said .
According to the Livelaw report, the petitioner’s wife also submitted an application under Section 24 of the Hindu Marriage Act along with the divorce petition. In addition to the 11,000 in legal fees, she also asked her husband for maintenance at the rate of 15,000.
The petitioner was ordered to pay his wife a lump sum of $5,500 in litigation costs as well as $500 per hearing by the court. The spouse, however, contested this ruling and filed a motion with the Supreme Court using his new plea.
“Of course a husband has got a moral and legal liability to maintain his wife unable to maintain herself, even if he is a professional bagger. The respondent/husband could not establish on record that petitioner wife (herein respondent) has got any means of earning or is possessed of sufficient property,” while dealing with the revised petition the court observed.
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