Husband Cannot Avoid Maintenance by Pleading Inability to Pay: Allahabad High Court
The Allahabad High Court dismissed a husband's revision petition against maintenance awarded by a trial court, holding that a financially capable husband cannot escape his legal obligation by claiming inability to pay. Justice Jai Krishna Upadhyay remarked that pleas of joblessness or poor business performance are "bald excuses" with no legal standing.
The case involved a husband challenging ₹3,500 monthly maintenance ordered by the trial court. He argued his wife left for her parents' home voluntarily and that he lacked permanent income. The court rejected these contentions, emphasizing that Section 125 of the Criminal Procedure Code mandates financial arrangements to prevent a woman from suffering mental anguish after leaving her matrimonial home.
The bench reiterated that a husband's obligation to maintain his wife remains binding as long as he retains earning capacity, regardless of temporary financial constraints.
