Citing a verse from the Manusmriti, the Allahabad high court recently stressed a husband’s ‘pious obligation’ to maintain his wife, minor children and aged parents.
A bench of Justice Praveen Kumar Giri referred to Chapter XI, Verse 10 of the Manusmriti while dealing with a criminal revision filed by a woman, Pinki Verma, seeking enhancement of maintenance awarded by a family court in Kanpur Nagar.
The court referred to the verse, observing that a husband has not only a legal but also a “pious obligation” to maintain his wife, minor children and parents if they are financially unable to support themselves.
In its October 22 order, the high court also relied on the Supreme Court’s judgment in Anju Garg and Another vs. Deepak Kumar Garg 2022. In that case, the Supreme Court observed that it is the ‘sacrosanct’ duty of a husband to provide financial support to the wife and minor children, earning by legitimate means.
The high court emphasised that the right of a wife to claim maintenance is a social and welfare measure designed to prevent vagrancy and destitution. The court said once a marriage is legally recognised and the wife demonstrates her inability to maintain herself, the husband’s financial liability remains absolute, irrespective of historical dogmas.
The husband’s counsel submitted that he was willing to have 25% of his salary deducted towards maintenance for his wife and minor daughter. Modifying the family court’s order, the high court directed the concerned higher authority of Indian Bank to deduct 25% of the husband’s gross salary, excluding income-tax deductions and credit the amount to the wife’s verified bank account.
