In a significant observation on marital responsibilities, the Allahabad High Court has said that a person who is not capable of supporting a family should reconsider the decision to marry. The court made it clear that financial hardship cannot be used as an excuse to evade the legal obligation of maintaining one’s spouse and children.
The remarks were made by a division bench comprising Justices Atul Sreedharan and Vivek Saran while hearing a matrimonial dispute related to maintenance. The bench dismissed an appeal filed by Tej Bahadur Maurya, who had challenged a family court order directing him to pay interim maintenance to his wife.
Earlier, the family court had ordered Maurya to pay ₹4,000 per month to his wife as interim maintenance during the pendency of the dispute. Contesting this, Maurya argued that his weak financial condition had not been properly taken into account.
He also alleged that his wife was living with another person. However, the High Court noted that no credible evidence was presented to substantiate this claim.
During the proceedings, the wife informed the court that she is not highly educated, lacks a stable source of income, and is solely responsible for taking care of the children. Taking these factors into consideration, the court held that the awarded amount of ₹4,000 per month was reasonable and not beyond the husband’s capacity.
Emphasizing the responsibilities that come with marriage, the bench stated that a husband cannot walk away from his duty to maintain his family after entering into matrimony. The court underscored that such responsibility is not optional but a binding legal obligation, regardless of financial constraints.
The bench further clarified that the wife retains the right to seek separate maintenance for the children if required.
Finding no error in the family court’s order, the High Court dismissed the appeal and directed that the interim maintenance payment must continue. The ruling reinforces the principle that marital commitments carry enforceable responsibilities, ensuring protection and support for dependents.
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