GUWAHATI: The Gauhati High Court has reinforced the obligation of husbands to financially support their wives, regardless of their personal circumstances, setting a precedent for similar cases in the future. The recent verdict came in response to a revision plea filed by a husband against an order from a Family Court directing him to pay his wife Rs. 2200 per month as maintenance under Section 125 of the Criminal Procedure Code (CrPC).
A bench led by Justice Malsari Nandi emphasised that a husband, if healthy and capable of supporting himself, is legally obligated to provide for his wife. Dismissing the husband's plea that he lacked the means to pay due to unemployment or lack of business opportunities as a "bald" excuse, the court clarified that such arguments hold no weight in the eyes of the law.
Click here to join our WhatsApp channel
The husband contended that his wife's disobedient behaviour and refusal to lead a peaceful married life justified the annulment of the Family Court's order. Additionally, he argued that his modest earnings as a daily wage labourer, coupled with his responsibility to care for his elderly mother, rendered the maintenance amount unjustified.
Upon reviewing witness testimony and legal provisions, the court reiterated that neglecting to provide maintenance despite having sufficient means constitutes a violation of the law. Drawing from precedent, particularly the judgement in the case of Durga Singh Lodhi Vs. Prembai, the court emphasised that even able-bodied individuals capable of earning must fulfill their maintenance obligations.
The case involved Mahim Ali and Sufiya Begum, both from the Kamrup (R) district of Assam. Begum filed a case under Section 125 of the Criminal Procedure Code (Cr.PC) before the Family Court in Nalbari, alleging physical and mental torture by her husband Ali, shortly after their marriage in 2016. She sought maintenance under Section 125 Cr.PC.
After hearing arguments from both sides, the trial court ruled in favour of Begum, directing Ali to pay a monthly maintenance allowance of Rs. 2200. Aggrieved by the decision, Ali filed a revision petition before the Gauhati High Court, challenging the trial court's judgement.
ALSO READ: Gauhati High Court Flags Guwahati’s Waterlogging Woes, Seeks Govt’s Response
After careful consideration of the arguments and evidence presented, the High Court upheld the trial court's decision. Nandi emphasised the legal obligation of husbands to provide maintenance to their wives, especially in cases of harassment and abandonment.