Divorce and Maintenance - Husband's Liability

Overview

The Supreme Court ruled that a husband is liable to pay maintenance to his wife even if he is unemployed, if he is capable of earning and has deserted his wife without reasonable cause. The Court emphasized that maintenance is a legal right of the wife and cannot be denied merely because the husband is unemployed. The Court held that the concept of maintenance is rooted in the principle of social justice and gender equality, and husbands cannot evade their legal obligation by claiming unemployment or insufficient income.

Key Highlights

• Maintenance is a legal right of the wife
• Unemployment is not a valid ground to deny maintenance if the husband is capable of earning
• Desertion without reasonable cause makes the husband liable for maintenance
• The quantum of maintenance must be reasonable and sufficient
• Courts must take a liberal approach in granting maintenance

Impact

This judgement has strengthened the rights of women in matrimonial disputes. It ensures that husbands cannot escape their legal obligation to provide maintenance to their wives by claiming unemployment. The judgement has also provided guidance to lower courts on the interpretation of maintenance provisions under various laws, ensuring that women receive the financial support they are entitled to.

Related Laws

• Hindu Marriage Act, 1955 - Section 24 & 25
• Code of Criminal Procedure, 1973 - Section 125
• Protection of Women from Domestic Violence Act, 2005 - Section 20
• Special Marriage Act, 1954