Husband must provide for his wife and child, says court

"Every able-bodied husband is liable to maintain his wife and children and the husband cannot escape from this liability," a Delhi court said.

The observation was given by Additional Sessions Judge Ramesh Kumar — while deciding the appeal of a man who had challenged the trial court's order — in the court.

The court upheld the trial court's decision which stated that Banwari Rathore, a driver by profession had to pay Rs 3,000 as maintenance to his wife. Rathore has contended that since his monthly income is Rs 8,000 and he does not have any other source of income, it is very difficult for him to provide Rs 3,000 to his wife as maintenance.

However, the judge dismissed his appeal stating that, "looking at the present cost of living in the metropolitan city like Delhi, the order passed by the trial court regarding payment of maintenance to the tune of Rs 3,000 is just and appropriate."

"'Every able-bodied husband is liable to maintain his wife and children and the appellant, in the present case, cannot escape from the said liability," the judge said in the order dated July 7.

Indra Rathore had filed a case against her husband alleging that she was subjected to harassment, humiliation and torture for insufficient dowry.

She also claimed that her husband was engaged in an illicit relationship with another woman and despite complaints to the Commissioner of Police and higher authorities, no action was taken.

Following this, the trial court awarded her a maintenance of Rs 3,000 in January, 2016. However, unhappy with the court's decision, Banwari then challenged it in the sessions court stating that the amount was "unaffordable."

The court, while dismissing the appeal, said that the salary figures were filed in the court in 2015 and after two years, "there must have been some increase in the salary of the appellant."