Priyanka Tiwari
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Suspense crime, Digital Desk : In a significant ruling that reinforces the financial security of estranged spouses and children, the Punjab and Haryana High Court has asserted that an able-bodied husband has a "moral and legal obligation" to earn sufficiently to pay maintenance to his wife and children after divorce. The court's unequivocal stance means a husband cannot simply cite low income as an excuse to avoid adequate financial support for his dependents.
The judgment came during a case involving a divorced couple, where the husband had appealed against a lower court's order directing him to pay Rs 10,000 per month to his estranged wife and Rs 7,000 to their daughter. The husband contended that his current income of Rs 15,000 per month made it impossible for him to fulfill these maintenance obligations.
However, the High Court firmly rejected his plea. The presiding judge emphasized that the husband, being an able-bodied individual and not suffering from any disability, has an inherent capacity and duty to enhance his earning potential. The court underscored that a person cannot choose to remain under-employed or unemployed to evade their responsibility towards their wife and children, especially after a divorce.
The ruling highlights the judiciary's commitment to prioritizing the welfare of dependents, particularly in cases where the dissolution of marriage leaves a former spouse and children financially vulnerable. It places the onus on the earning spouse to actively ensure that they can provide adequate maintenance, even if it means finding additional avenues of income. This judgment sets a clear precedent, signaling that courts will not readily accept insufficient income as a valid reason for neglecting maintenance duties, thereby empowering women and children to receive necessary financial support post-divorce.
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