The Allahabad High Court was hearing a matrimonial matter for maintenance where it stated that it is husband’s duty to be financially accountable to his wife and children. Adding further, the court also mentioned that husband is responsible to pay maintenance to his wife, even if she chooses to live separately from him.
This is a case from the Jhansi family court where the husband refused to give maintenance to his wife, since the woman chose to live separately with her parents in her maternal home. According to the husband, since she was not living with him, he did not want to part with any financial help for the woman.
On September 29, 2015, Ashwani Yadav got married to Jyoti Yadav. A total of Rs 15 lakh was spent on their marriage. The couple has a daughter.
After this, Jyoti filed a case of domestic violence against her in-laws and on January 28, 2019, the wife returned to her parents’ home.
Jyoti then filed a suit under Section 125 of the Criminal Procedure Code demanding maintenance for herself and the child, who was in her sole custody.
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The family court ordered the husband to pay a total of Rs 3500 as monthly maintenance – Rs 2500 to wife and Rs 1000 for his minor daughter.
The husband then approached the Allahabad High Court to appeal in the matter.
High Court Order
Justice Saurabh Shyam Shamsheri said ‘marriage is important in our Indian society’. The court said it is a legal, moral and social responsibility of the husband towards his wife, parents and children. The court also noted that the man is obliged to take care of his own family.
Explaining further, the court also said that
Indian parents dream about their daughter getting married happily, and also that she should get more love from her in-laws than she received in her maternal home. Nevertheless, when she is unhappy in her marriage or has been harassed or abused, then dreams of woman’s parents are shattered.
The court also added that when the daughter leaves her home and goes to her in-laws’ residence, then the responsibility entirely shifts on the husband to take care of her ethically.
Citing the above, the high court rejected the husband’s petition of reversing the maintenance order given by family court.