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Maintaining wife, a man's moral duty: Court


A Delhi court has ordered a taxi owner to pay Rs4,500 a month to his estranged wife, saying it is a man's moral duty to maintain his wife.

"It is the moral duty of the respondent (husband) to maintain the petitioner who is his wife. She is held entitled to maintenance at Rs4,500 per month from her husband from the date of this order," Metropolitan Magistrate Kiran Gupta said while also awarding Rs2,500 as litigation cost to her.

The court gave its order on a plea by south Delhi resident Tarawati seeking maintenance from her husband Raj Kumar who resided at Paharganj in central Delhi area and owned a taxi.

Tarawati demanded the maintenance, accusing her husband of inflicting cruelty on her and abandoning her.

Married to Kumar in May, 2002, she had moved the court for maintenance in December, 2006. She demanded the maintenance saying she has no source of income to support her while her husband earned around Rs20,000 a month.

She said he was also having an additional income of Rs75,000 a year from his agricultural land.

"Kumar had no obligation except to maintain me (wife) as his father was retired from Indian Railways and was getting a handsome pension and his mother was living with his father," she said.

But as she failed to present any documentary proof for her estranged husband's income, the court, on the basis of provisions for Minimum Wages Act, assessed his income to be at least Rs9,000 a month and, accordingly, ordered him to pay Rs4,500 a month to his wife as maintenance.

"Tarawati is doing stitching and crafting and earns more than Rs5,000 per month. I am a daily wager and is not earning more than Rs2,000 per month," Kumar said.


 18 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     18 April 2011

both hv their moral duties !

Arup (UNEMPLOYED)     18 April 2011




3 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     18 April 2011

arup sir,

one more duty is also for wife to file divorce!

1 Like

Deep (k)     18 April 2011

It seems  there are few reasons here for the court to grant maintenance.


First and important his father's pention

Second - agriculture land

and owning a taxi

though it should not be 50%, he should try in next court.


I am also waiting from the court to explain wife's moral duty.

is it love ????? then can court ask and is it possible ??????

may be something else

which is already written by few people here and few more will write.

1 Like


a wife's moral duty is to take care of children and faithful,kind and loyal husband.

1 Like

Arup (UNEMPLOYED)     19 April 2011

I am also waiting from the court to explain wife's moral duty.


--  what is your pray?

Arup (UNEMPLOYED)     19 April 2011

a wife's moral duty is to take care of children and faithful,kind and loyal husband.


----   if she herself unloyal then?


---   before marriage one should find faithful,kind and loyal husband.

could not understand  why woman marry a unfaithful,unkind and unloyal husband ?


These qualities come into existence when a Man turns to a Husband..before that how he can be judged in these scales??

If wive is unfaithful, unkind and unloyal then husband should fight well against her.Those ladies should not get maintenance or punished legally.

N.K.Assumi (Advocate)     20 April 2011

Dear Experts, all of you have said well. But why time and again such thread are posted in the forum. What ever you my say, in this Planet these women tribes are making a Hell of men's life. It appears that everything is man's duty and woman's duty is only to bear child and enjoy all the hard earned money to their likes and if not your life is a hell, so the best way is to avoid them as your life partner.Why bother for one Cow at home when you have all kinds of different milks in the matket like bornvita, horlicks etc etc. Just go for those fantastic milks in the market instead of worrying for one Cow tied up at Home.

1 Like

Ambika (NA)     20 April 2011

You may be angry with any tribe of women for any of your personal or other reasons,  but you have added responsibility on this forum to maintain decorum as far as your remarks about any human being  is  concerned. Do you wreak your vengenace on women when you take up their case, Assumi sir or you do not take such cases at all.  It is a lawyers' club.and you are a respectable lawyer. One can expect some sense of balance in your remarks/comments and advice. 

It's men who propagate prostitution and it's women who are branded as prostitutes! Your remarks about horlicks and bournvita are not lost upon. Horlicks and Bournvita would have disapeered from the market if there had been no takers. Here you are comparing a human being with some food items. I leave it to you to assess how far as a human being and as an advocate you are justified in making cheap comments on this lawyers club of India.

1 Like

N.K.Assumi (Advocate)     20 April 2011

Dear Ambika, I do have deep respect for women, and in any case I dont want to argue with women, as everything will be my fault. So what ever I said is just a factas of life and not for altercation and for Christ sake that also not with the women tribes.Consider this, if there is a line of taxi and one gets a ride who is propagating prostitutions, the taxi or the rider? Anyway, thank you very much for your wonderful expressions on women.


all that matters is money only for man , not for woman.

A woman who carries a man's child for long 10 months and after its birth her life gets changed.Only a mother knows what she feels and suffers while she is pragnant , goes through labour pain or c/s.But she never complaints about that because of the pleasure she gets seeing her childs face.

Assumiji you in other words compared a mother with a prostitute.

How sad!

It is clear that what a man needs from a woman!



when Taxi drivers will not get any passenger then obviously they will do some other work.But why the passengers hire taxi whereas he has got two legs??


This is right because this is very important decision for this matter maintaining wife, a moral's duty but i say this also make for vice versa.





Will writer Birmingham

Tajobsindia (Senior Partner )     20 April 2011



Originally posted by :dpfocanil


This is right because this is very important decision for this matter maintaining wife, a moral's duty but i say this also make for vice versa.
Will writer


@ Take

I differ to your usage of word "important" simple reasoning being when que. comes of “maintenance” it only becomes "important" and BTW any marriage is not all about seeking 'important maintenance' and it is neither a beginning nor end of a matrimony.

Show me one SC and or HC case where a wife has fought tooth and nail for 'depredation of duties' be it so of a husband and or that of a wife and under head 'moral duties' several expected sub paras comes for either gender further be it so Indian husband and or British husbands case scenarios (writing this pre-assuming you are writing from UK).

And kindly donot teach we Indians on morality when half of British population donot know who his/her father is and secondly other half of British population have constitutional rights to engage in 'adultery' / bigamy'. Do look first into your current trend (societal marriage history) then appear into Indian legal Forum and talk of 'importance" vis-a-vis "moral duties" of maintenance in Indian matrimonial scenarios.

Finally this is just a plain simple Interim Order of a Court and it is from a trial Court (lowest Court in India) which further does not have any intricate value even to its next door Court room which announced this interim relief Order leave aside setting precedent and or usability as citation by any other trial court in same district or by same and/or in any other State’s in India.

This is posted here just to flame "I scratch your back and now you scratch my back" by author of this post ‘innocently’ and then declare “I am not a Lawyer (but yes I have a democratic right to flame apathy of thousands of Indian husbands visiting such premium legal forum seeking various legal remedies and then flow with drum beat) riding the most ancient taxi time memorial”

1 Like

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