Allahabad High Court has made it clear that it is the legal and sacred duty of the husband to take care of his non-earning wife. The High Court’s decision also states that the court can order up to 25 percent of the husband’s total income to be given to the wife as alimony.
Allahabad: Allahabad High Court has made an important comment on a petition seeking maintenance and has made clear the responsibility of husbands. The court said that it is the legal and sacred duty of the husband to take care of his wife who has no income of her own. The judgment delivered by Justice Madan Pal Singh also states that the court can order up to 25 percent of the husband’s total income to be paid to the wife as alimony.
The High Court made this comment while rejecting the petition of a person named Suresh Chandra, resident of Shahjahanpur. He had approached the High Court against the family court’s order to pay alimony of Rs 3,000 every month to his wife. His argument was that he is a common laborer and cannot pay this much amount. But, the court reminded that a healthy person, who does not have any physical disability, has the responsibility to work hard to earn money and maintain his wife.
court comments
Giving figures, the court made it clear that in the current situation a laborer can earn up to Rs 18,000 a month and is legally liable to pay 25 percent of it, i.e. Rs 4,500, as maintenance allowance. Therefore, the amount of Rs 3,000 fixed by the Family Court is very low and cannot be relaxed. The court had earlier said in a similar case that the husband cannot refuse to pay maintenance to the wife merely because she is educated or capable of working. The court emphasized that taking care of the wife is as important as taking care of old parents and children.