Whether maintenance can be refused to wife on ground that she is earning?
awarding any amount of maintenance to the wife is that she being a Notary
Public had a good income and if she is earning, then the husband should not be
fastened with the liability of maintaining his wife. In my view, both the Courts
below have committed a serious error of law resulting in miscarriage of justice.
The wife may be earning in thousands, but that would not absolve the husband
from his legal liability to maintain his wife.
7. The Supreme Court in the case of Bhuwan Mohan Singh Vs. Meena,
reported in 2014 Criminal Law Journal 3979 observed as under:
"3. Be it ingeminated that Section 125 of the Code of Criminal Procedure
(for short “the Code”) was conceived to ameliorate the agony, anguish,
financial suffering of a woman who left her matrimonial home for the
reasons provided in the provision so that some suitable arrangements can
be made by the Court and she can sustain herself and also her children if
they are with her. The concept of sustenance does not necessarily mean to
lead the life of an animal, feel like an unperson to be thrown away from
grace and roam for her basic maintenance somewhere else. She is entitled
in law to lead a life in the similar manner as she would have lived in the
house of her husband. That is where the status and strata come into play,
and that is where the obligations of the husband, in case of a wife, become
a prominent one. In a proceeding of this nature, the husband cannot take
subterfuges to deprive her of the benefit of living with dignity. Regard
being had to the solemn pledge at the time of marriage and also in
consonance with the statutory law that governs the field, it is the
obligation of the husband to see that the wife does not become a destitute,
a beggar. A situation is not to be maladroitly created whereunder she is
compelled to resign to her fate and think of life “dust unto dust”. It is
totally impermissible. In fact, it is the sacrosanct duty to render the
financial support even if the husband is required to earn money with
physical labour, if he is able bodied. There is no escape route unless there
is an order from the Court that the wife is not entitled to get maintenance
from the husband on any legally permissible grounds.
It shall be open for both the parties
to put forward all contentions available in law, except the contention that the wife is
earning.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 18957 of 2015
WITH
SPECIAL CRIMINAL APPLICATION NO. 1072 of 2012
SIMABEN MAHESHBHAI SONI
V
STATE OF GUJARAT & 7
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 21/10/2015
https://www.lawweb.in/2016/09/whether-maintenance-can-be-refused-to.html
