In a recent case of Sandeep v. Suman, the Punjab & Haryana High Court observed that a husband has a moral and legal obligation to provide maintenance to his wife even if he is a professional beggar. The court dismissed the husband’s revision plea against the order of paying maintenance to his wife.
The case arose when Suman, the wife, filed a divorce petition and an application under Section 24 of the Hindu Marriage Act 1955, seeking maintenance from her husband, Sandeep. She claimed ₹15,000 per month as maintenance and litigation expenses of ₹11,000 pending the outcome of the divorce case. The trial court awarded maintenance at ₹5,000 per month to the wife during the pendency of the divorce case. It also directed Sandeep to pay a lump sum of ₹5,500 to his wife as litigation expenses and ₹500 per hearing for her presence before the court.
Unhappy with the order, Sandeep filed a revision plea before the Punjab & Haryana High Court. However, Justice HS Madaan dismissed the plea and upheld the trial court’s order. The court noted that a husband has a moral and legal obligation to maintain his wife if she is unable to maintain herself, even if he is a professional beggar. The respondent/husband failed to establish on record that the petitioner/wife had any means of earning or sufficient property. The court observed that the husband was an able-bodied person and that even a manual labourer could earn ₹500 or more per day. In light of the trend of rising prices, the maintenance awarded to the wife could not be said to be on the higher side.
The High Court further observed that the trial court’s order was well-reasoned and detailed and did not suffer from any illegality or infirmity. The husband failed to establish on record that his wife had any means of earning to maintain herself. Therefore, the trial court was justified in granting maintenance and litigation expenses to the wife.
The case of Sandeep v. Suman highlights the obligation of a husband to maintain his wife even if he is a professional beggar. This is in line with the provisions of the Hindu Marriage Act, 1955, which lays down the legal obligation of a husband to maintain his wife. Under Section 18 of the Act, a husband is legally obligated to maintain his wife and children during the subsistence of the marriage. In case of separation or divorce, the husband is also required to pay maintenance to his wife.
The obligation to maintain a wife is not only a legal obligation but also a moral obligation. This is because marriage is not just a legal contract but also a social institution. The institution of marriage is based on the principles of love, companionship, and mutual support. A husband is expected to provide emotional and financial support to his wife and family. Therefore, even if a husband is a professional beggar, he cannot shirk his moral and legal obligation to maintain his wife.
The Sandeep v. Suman case is also significant because it upholds the principle of gender equality. The law recognizes that both spouses have an equal obligation to maintain each other during the subsistence of the marriage. If the wife is unable to maintain herself, the husband is obligated to provide for her. Similarly, if the husband is unable to maintain himself, the wife is obligated to provide for him.
In conclusion, the Sandeep v. Suman case reaffirms the legal and moral obligation of a husband to maintain his wife even if he is a professional beggar. The case upholds the principle of gender equality and emphasizes the social institution of marriage based on love, companionship, and mutual support. The case also highlights the need for spouses to fulfill their obligation to maintain each other during the subsistence.
by- Ankit Singh, 4th year B.A.LL.B, CAIL Bengaluru
0 Comments