Bound to maintain wife for life: P&H High Court upholds maintenance order against 86-year-old paralysed man

A husband, who has the financial capacity to support his wife is bound by law and morality to maintain her as long as she is alive, the Punjab and Haryana High Court recently said.

Justice Shalini Singh Nagpal made the observation while upholding a family court’s order directing an 86-year-old man, an Army veteran, to pay a monthly interim maintenance of ₹15,000 to his 77-year-old wife.

The Court opined that though the husband is of advanced age, the same is true for the wife who is unable to maintain herself.

“It is no answer to her claim of maintenance that she can seek support and maintenance from her sons. The husband, who has the financial capacity and income to support his wife is bound by law and morality to maintain her as long as she is alive. It is not the case that the respondent-wife is gainfully employed and can support herself. She has to be protected from a life of destitution and penury,” it added.

The counsel representing the octogenarian challenged the order passed by the family court at Narnaul on April 30.

He argued that the husband is a paralysed, helpless man whose wife is being looked after by her sons. The sons are siding with their mother and refusing to look after him, the Court was told.

It was further submitted that the family court had assessed interim maintenance of ₹15,000 per month on the premise that he was getting pension of ₹42,750 and was also owner of 2½ acres land in the village. However, a certificate of the village sarpanch was produced before the Court to show that he was physically unable to walk or move around and all his land and property were in possession of his sons.

Considering the submissions, the Court noted that it was undisputed that the octogenarian was receiving ₹42,750 pension and the land belonged to him even if it was in the possession of his sons.

“Considering the status in life of the parties, the reasonable wants of the wife including food, clothing, shelter, education, medical attendance treatment etc. and the income of the husband, who besides drawing good amount of pension, is also owner of 2½ acres land in village Kanti, award of interim maintenance of Rs.15,000/- per month besides litigation expenses of Rs.11,000/- does not appear to be excessive,” the Court said.

It added that the interim maintenance has been assessed reasonably, commensurate to the status of the parties and thus, there was no ground to interfere. Consequently, the plea was dismissed.

Advocate Himanshu Joshi represented the petitioner.