Gauhati High Court: Husband Able to Support Himself is Under Legal Obligation to Support Wife

Staff Reporter

GUWAHATI: The bench of Justice Malasri Nandi of the Gauhati High Court ruled that ‘If a husband is healthy, able-bodied, and in a position to support himself, he is under the legal obligation to support his wife’.

Justice Malasri Nandi made this ruling while disposing of a criminal revision petition (465/2022) filed by Mahim Ali.

The petitioner has preferred this application u/s 397/401 read with section 482 Cr.PC against the impugned judgement and order dated May 20, 2022 passed by the Principal Judge, Family Court, Nalbari in case No. FC (crl) No. 768/2019 u/s 125 Cr.PC.

On September 6, 2019, Sufiya Begum filed a case u/s 125 Cr.PC before the Principal Judge, Family Court, Nalbari, alleging, inter alia, that she got married to the petitioner on May 31, 2016. After their marriage, they led their conjugal life for a very short period as the petitioner started to torture her both physically and mentally, compelling her to leave her matrimonial home and take shelter in the house of her parents.

Sufiya Begum claimed maintenance under 125 Cr.PC. 4. On receipt of the notice, the petitioner appeared before the trial court and contested the case by filing a written statement denying the allegations levelled against him. During the trial, Sufiya Begum adduced three pieces of evidence. After hearing the counsels for both parties, the trial court has allowed the maintenance allowance in favour of Sufiya, and directed the petitioner to pay a monthly maintenance amounting to Rs. 2,200 to Sufiya Begum from the date of Judgment. The filed this revision petition.

The bench of Justice Nandi said, “After going through the evidence of the witnesses as well as the provision of law under Section 125 CrPC, it is clear that an order under Section 125 CrPC can be passed if a person, despite having sufficient means, neglects or refuses to maintain his wife. Sometimes a plea is advanced by the husband that he does not have the means to pay as he does not have a suitable job or business. But these are all bald excuses, and in fact, they have no acceptability in law. If the husband is healthy, able-bodied, and in a position to support himself, he is under a legal obligation to support his wife.

In view of the aforesaid legal proposition, it can be said that the marriage between the parties is not disputed, and it is also not in dispute that Sufiya Begum has left the house of her husband after being harassed. The husband is duty-bound to pay maintenance to the wife. For the foregoing discussion, this court is of the considered view that the learned trial court has scrutinised the material available in record in the right perspective, and the said findings are based on some reasoning, and hence, interference by this court under Sections 401/397/482 CrPC is unwarranted. This revision petition is devoid of any merit, and accordingly, the same is liable to be dismissed.”

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