Whether sanyasi is bound to provide maintenance to his wife?
Mohan Singh vs. Meeta reported in AIR 2014 SC
2875 and in the case between Shamima Farooqui Vs.
Shahid Khan reported in AIR 2015 SC 2025 is
material at this stage, which confirms that
irrespective of ability of a wife to earn
something, it is the duty of the husband to
maintain his wife. Maintenance cannot be defeated
on pleas that husband does not have means to pay,
for he does not have a job or his business is not
doing well. If husband is healthy, able bodied
and is in a position to support himself, he is
under legal obligation to support his wife. The
duty to provide maintenance has to be fulfilled
even by earning money by physical labour.
6. Therefore, relying upon the above two
decisions of the Hon’ble Supreme Court of India,
it becomes clear that the law is well settled,
whereby the husband has to do some earning
activity for maintaining his wife and children
and he cannot escape from such liability only on
the basis of his pleading or submission that he
is residing in an Ashram and not earning
anything.
7. Learned advocate for the applicant is also
relying upon one letter issued by Head – Vishwa
Jagruti Mission, New Delhi. By such letter, it
has been placed on record that applicant has
devoted his life for religious and social work
and he is residing with such Ananddham Ashram and
thereby, he is not earning anything. If applicant
is so keen to do social work and to help the
people at large, he should also do some earning
activity so as to maintain his own wife.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 696 of 2016
SUNIL BHAGATRAJ UDASI...
Versus
STATE OF GUJARAT & 1..
CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 08/09/2016
https://www.lawweb.in/2016/09/whether-sanyasi-is-bound-to-provide.html
