Delhi / Husband's duty to bear wife's expenses even if living separately - Delhi HC's comment

New Delhi. The Delhi High Court has said that it is the duty and obligation of a husband to bear the expenses of his wife and provide financial assistance to her and her children. The court said that the husband cannot escape the responsibility of caring for his wife and children except for the situation which allows the legal basis contained in the laws. Justice Subramaniam Prasad upheld a lower court order directing the man to pay an amount of Rs 17,000 per month to his wife living separately from him. He said that he has not been able to mention any adversity in the order.

The court said that the person challenging the lower court order, is an Assistant Sub Inspector (ASI) and is earning well to pay Rs 17,000 monthly to his wife, who has no permanent source of income. The court said, "No material has been put on record to show that the defendant (wife) is capable of bearing the expenses himself." The magazine cover is not sufficient evidence to show that the defendant can afford it himself. "The man and woman were married in June 1985, and were married after their two sons and a daughter were born. The daughter passed away in 2010 and the two sons are now adults and are now well-functioning.

The couple have been living separately since 2012 and the woman alleged that her husband misbehaved with her and kicked her out of the house. The woman said that she was unable to bear her own expenses and needed an alimony from the man. The woman claimed that her husband is receiving a salary of Rs 50,000 per month and also has arable land, which also earns him income.

However, the man denied the allegations of cruelty and said that he took care of his children and gave them a good education and that the woman is a working woman and has a good income. She claimed that the woman participates in Jagran and also does TV serials and is in a position to take care of herself and bear her expenses.

The High Court held that nothing had been offered by the male other than filing clippings of magazines and some newspapers to prove that the woman was earning enough income to afford herself.