The Punjab and Haryana High Court has ruled that a man must find ways to earn more income if he is unable to meet the court-ordered maintenance for his wife and children.
Dismissing the husband's plea citing other financial obligations as the reason for his inability to pay ₹24,700 in monthly maintenance, the court held that familial responsibilities must take legal precedence.
According to Justice Jasgurpreet Singh Puri, "If the petitioner is unable to make the sum above, it is his responsibility to make more money, and once he does, he must support his wife and children in accordance with the law."
Rejecting the counsel’s argument that the petitioner’s existing obligations excused him from the payment, the court made it clear that personal liabilities cannot override one’s duty to provide for dependents.
According to Live Law, the couple was married in 2014 and two children were born out of wedlock. It was the husband's case that the wife withdrew from his society without any reason and excuse and she has been living separately for almost 5 years.
The husband also submitted that he is working as Senior Male Nurse in the SMS Hospital, Jaipur and his monthly income has come out to be Rs.57,606, as per the salary slip of September, 2024.
The petitioner argued that the maintenance amount is nearly half of his monthly salary which was unreasonable, especially since he also had to care for his ailing mother and manage other financial obligations, including loan EMIs.
He further claimed that his wife was employed as a teacher, though no proof of her income was presented before the Family Court during the interim maintenance hearing.
However, the Court held that the petitioner’s personal liabilities could not justify the denial of maintenance to his wife and children, who are legally entitled to it.
The bench observed that the monthly maintenance amount of ₹24,700 was neither excessive nor erroneous. As a result, the petition was dismissed.
