The recent ruling from the Allahabad High Court underscored that within the duration of a marriage, it is incumbent upon the spouse who is the primary earner to ensure the protection of the other partner’s life, freedom, and dignity. The bench, comprised of Justices Saumitra Dayal Singh and Rajendra Kumar, emphasized that even in cases of estranged marriages, the earning spouse bears the responsibility to provide a minimum sum to safeguard the life, liberty, and honor of the other spouse.
The court was addressing an appeal lodged by a husband who contested a decision by the Family Court rendered in February of this year. The Family Court had invoked Section 24 of the Hindu Marriage Act, 1955, directing the husband to pay interim maintenance of Rs 7,000 per month to his estranged wife, commencing from November 2021, the month in which she submitted the maintenance application.
In its verdict, the high court took into consideration the husband’s documentary evidence, which indicated that his current year’s salary did not exceed Rs 16,500, as opposed to the previous years when it stood at Rs 15,470. The division bench, while acknowledging that no children had been born from the marriage, expressed the view that the Family Court’s decision to allocate nearly 50 percent of the man’s total monthly income for interim maintenance appeared to be inappropriate.
However, recognizing the necessity of providing some minimal support to the wife, the court issued an order directing the husband to provide Rs 5,000 as interim maintenance to his estranged wife, effective from the date of her application.
Furthermore, the court instructed the lower court to expedite the proceedings initiated by the husband, with a preference for their conclusion no later than January 31, 2024.
Source: https://www.news18.com/india/duty-of-earning-spouse-to-protect-life-liberty-dignity-of-other-allahabad-high-court-8587606.html
