Can't deny maintenance to wife on grounds of being well-educated, says Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, May 3

The Punjab and Haryana High Court has made it clear that an estranged wife cannot be held disentitled to maintenance on the grounds of being “well-educated” with a postgraduate degree. Justice Rajesh Bhardwaj of the High Court asserted that the argument lacked merit.

“The submission by the counsel for the petitioner that the respondent-wife is well-educated and an MA in Hindi and, thus, not entitled for maintenance, is without any merit. The petitioner is an able-bodied man and, as per the law settled by the Supreme Court in plethora of judgments, the husband is legally and morally responsible to look after his wife and children,” Justice Bhardwaj asserted.

The judgment by Justice Bhardwaj came on a petition filed by a husband challenging an order passed on March 7 by the Principal Judge (Family Court), awarding a monthly maintenance of Rs 2,500 from the filing of the petition till the order. Thereafter, a monthly maintenance of Rs 3, 600 was directed to be paid to the wife.

Referring to the arguments, Justice Bhardwaj asserted that the precise submission by the petitioner’s counsel was that the respondent-wife was not satisfied with her marriage and had left the matrimonial home on her own. As such, she was not entitled to the maintenance granted by the Family Court.

Justice Bhardwaj asserted that there was nothing on record showing that the respondent-wife had deserted the petitioner without any rhyme and reason. “The provisions of Section 125 of the CrPC (on awarding maintenance) are there to prevent the destitution and vagrancy. In view of the judicial precedent set by the Supreme Court, there is no straight-jacket formula for granting maintenance. However, the same depends on various factors such as the status of the parties; and the independent income and property of the claimant,” Justice Bhardwaj added.

Dismissing the plea, Justice Bhardwaj further added that the court found that the maintenance granted to the wife in view of the petitioner’s income was reasonable and did not suffer from illegality, weighing the facts and circumstances of the case on the anvil of the law settled. “In the overall facts and circumstances, this court finds no infirmity in the order passed by the Family Court; thus, the petition being devoid of any merit, is hereby dismissed,” Justice Bhardwaj concluded.

What the court said

The submission by the counsel for the petitioner that the respondent-wife is well-educated and an MA in Hindi and, thus, not entitled for maintenance, is without any merit. The petitioner is an able-bodied man and, as per the law settled by the Supreme Court in plethora of judgments, the husband is legally and morally responsible to look after his wife and children. — Justice Rajesh Bhardwaj