Income no excuse: Allahabad High Court orders husband to pay maintenance to wife

If the man fails to clear the arrears and continue payments, his property shall be attached and auctioned, the court added.

Cruelty in matrimonial home

The counsel for the husband had submitted that he was not in a position to pay the maintenance awarded by the family court for the mother and child’s expenses of food, lodging, medical treatment, education and clothing. It was contended that the amount awarded by the family court was disproportionate to the husband’s income.

At the outset, the court pointed out the family court’s findings where it had noted that the wife had to leave the matrimonial home due to cruelty.

“The learned Addl. Principal Judge, Family Court, has recorded a finding that the wife was compelled to leave the matrimonial home due to physical and mental cruelty as well as demand of dowry. The learned Addl. Principal Judge has further noted that opportunity of hearing was afforded to both the parties and all relevant aspects of the matter were duly considered,” the Allahabad High Court noted.

Referring to the object of Section 125 (order for maintenance of wife, children and parents) of the Criminal Procedure Code (CrPC), the court emphasised that the provision is an emergency measure intended to prevent the destitution of wives, children, and parents.

“Section 125 CrPC is an emergency provision…enacted to prevent vagrancy and destitution, providing for grant of maintenance in favour of the wife, minor children, and parents, unless the case falls within the exceptions provided under Section 125(4) CrPC, in case of wife,” the court observed.

Section 125(4) denies allowance from the husband if the woman is living in adultery, or if she refuses to live with the husband without sufficient reason, or if they are living separately by mutual consent.

Court dismisses husband’s plea

The Allahabad High Court, therefore, dismissed the husband’s plea with a direction to the concerned court to execute the order of maintenance as expeditiously as possible. In a stringent direction, it ordered that if the husband fails to clear the arrears and continue regular payments, his property shall be attached and auctioned.

“The sale proceeds shall be deposited in the account of the Principal Judge, Family Court, Bulandshahr, for payment of arrears of maintenance along with interest at the rate of 6% per annum, and regular maintenance shall also be paid from the said sale proceeds,” the court concluded.