Allahabad High Court has made strong remarks in a case related to maintenance. The court said that if one does not have the capacity to support his wife and children then one should not marry. After marriage, responsibility cannot be shirked by citing financial constraints.
The division bench of Justice Atul Sridharan and Justice Vivek Saran rejected the husband’s petition in which he had challenged the family court’s order of maintenance of Rs 4,000 per month.
In his petition the husband said that he is a labourer. His financial condition is not such that he can pay four thousand rupees every month. He also gave an affidavit accusing his wife of illicit relationship. The High Court rejected the husband’s arguments.
‘Husband got the affidavit signed fraudulently’
Allahabad High Court found that the wife is less educated. The husband had fraudulently obtained the wife’s signature on the affidavit. The court said that in today’s era of inflation, a maintenance allowance of Rs 4,000 per month is not much from any point of view. Therefore, wives cannot be deprived of their rights on the pretext of financial constraints.
Wife’s claim- ‘No independent source of income’
The husband also argued that the family court did not consider his financial condition while giving its verdict. Also ignored was the fact that the wife was living with another man and he had separated from her with mutual consent. The High Court also took into cognizance the wife’s claim that she has to bear the burden of maintaining her children and has no source of income.
‘Husband bound to maintain after marriage’
The High Court said in its decision that when a man marries a woman, he is bound by law to maintain her. People who feel that if their marriage turns sour they will not be able to support their wife and children should not get married in the first place. If you are married, you cannot make the excuse of poor financial condition during the hearing of the case.