Court dismisses appeal, affirms that financial constraints cannot exempt a husband from his legal duty to support his wife during matrimonial proceedings.
In a significant ruling, the Allahabad High Court has dismissed an appeal filed by Tej Bahadur Maurya, who challenged the maintenance order issued by the Additional Principal Judge of the Family Court in Prayagraj. The court reaffirmed the obligation of a husband to maintain his wife during the pendency of matrimonial proceedings, irrespective of his financial condition.
The appeal arose from an order dated November 17, 2025, in which the Family Court directed Maurya to pay Rs. 4,000 per month as maintenance pendente lite to his estranged wife, Smt. Nisha Maurya, under Section 24 of the Hindu Marriage Act, 1955. Maurya contested the order, citing his poor financial status and claiming that his wife was living with another man. He also argued that there was a mutual separation agreement between them, which the trial court allegedly overlooked.
However, the bench comprising Justices Atul Sreedharan and Vivek Saran rejected these arguments, noting that the trial court had duly considered the submissions from both parties. The respondent-wife had countered Maurya's allegations, stating that they were false and intended to defame her. She also contended that any affidavit suggesting mutual separation was obtained deceitfully, as she is not well-educated.
The High Court emphasized that the responsibility of maintaining a wife, as per legal provisions, cannot be negated by a husband's financial difficulties. It underscored the principle that marriage imposes a legal duty on husbands to support their wives during legal proceedings, highlighting that financial constraints are not a valid justification for failing to fulfill this obligation.
Moreover, the court found no merit in Maurya's claim that the maintenance amount was excessive given his status as a laborer. It maintained that the ordered sum was reasonable, considering the current cost of living, and upheld the trial court's decision to also include arrears from August 2024 to November 2025, payable in five installments.
In conclusion, the High Court's decision reinforces the legal framework that mandates husbands to uphold their financial responsibilities towards their wives, dismissing the appeal and affirming the necessity of maintenance despite economic hardships.
Bottom Line:
Hindu Marriage Act, 1955 - Maintenance pendente lite - Husband's financial condition cannot be used as a ground to deny maintenance to the wife during the pendency of proceedings. A man is legally bound to maintain his wife, irrespective of his financial hardships.
Statutory provision(s): Hindu Marriage Act, 1955, Section 24
Tej Bahadur Maurya v. Smt. Nisha Maurya, (Allahabad)(DB) : Law Finder Doc id # 2888013
