Husband's obligation to maintain wife and children cannot be negated on grounds of financial constraints

Bombay High Court Upholds Maintenance Order for Wife and Children. Husband's Financial Constraints Rejected; Legal Duty to Maintain Family Affirmed

In a recent judgment, the Bombay High Court, Aurangabad Bench, reinforced the legal and moral duty of a husband to provide maintenance to his wife and children, dismissing a criminal revision application challenging the quantum of maintenance awarded. The court upheld the Family Court's order granting monthly maintenance of Rs. 4000 to the wife and Rs. 2500 each to the children, who have been living separately from the husband since 2015.

Justice Abhay J. Mantri delivered the judgment on October 13, 2025, emphasizing the husband's obligation under Section 125 of the Criminal Procedure Code, 1973. The provision serves as a social welfare measure, ensuring that the daily needs of the wife and children are met despite the husband's financial constraints. The court dismissed the husband's plea of being jobless after termination from Hindustan Equipment Company Pvt. Ltd., asserting that he was capable of earning and had sufficient means to fulfill his maintenance duties.

The court considered the educational expenses of the children, aged 17 and 14, amounting to Rs. 90,000 annually, alongside the husband's previous earning capacity of Rs. 40,000 per month. It was noted that the daughter would continue to receive maintenance until she reaches majority. The judgment highlighted the rising cost of essential commodities and the inadequacy of the maintenance amount in addressing the family's needs.

Justice Mantri remarked that the right to maintenance is not merely a benefit but a legal and moral duty owed by the husband to his family. The extensive and beneficial interpretation of Section 125 aims to protect the welfare of the wife and children, who have not received any support from the husband since their separation.

The court found no perversity or illegality in the Family Court's judgment, deeming the maintenance award just and proper. The husband's arguments against the quantum of maintenance were dismissed, affirming his responsibility to support his family despite personal financial challenges.

This judgment reinforces the principle that financial constraints cannot negate the husband's obligation to provide for his family, upholding the protective intent of Section 125 of the Criminal Procedure Code.

Bottom Line:

Husband's obligation to maintain wife and children cannot be negated on grounds of financial constraints as long as he is capable of earning. Maintenance is a legal and moral duty owed by husband/father to maintain his wife and children.

Statutory provision(s): Section 125, Criminal Procedure Code, 1973

Manoj Murlidhar Mahajan v. Nutan Manoj Mahajan, (Bombay)(Aurangabad Bench) : Law Finder Doc Id # 2794402