The Punjab and Haryana High Court has upheld a family court order requiring a Jaipur-based senior nurse to pay ₹24,700 per month as maintenance to his estranged wife and two minor children, dismissing his plea that the amount—nearly half his ₹57,606 monthly salary—was unaffordable due to his financial liabilities, including caring for his ailing mother and loan EMIs.
Justice Jasgurpreet Singh Puri ruled that maintaining one’s wife and children is not only a legal and statutory obligation but also a social and economic duty, stating that if the husband cannot afford the amount, he must “earn more” to meet these responsibilities. The wife is unemployed and has custody of their two school-going children, aged eight and six.
Court Puts Family Welfare First
In a strongly worded judgment, Justice Puri rejected the husband’s argument that his other financial burdens should reduce his maintenance obligations. “If the petitioner is not able to earn the aforesaid amount, then it is rather his duty to earn more… he has to maintain his children and wife under the provisions of law,” the court stated.
The court found the maintenance amount reasonable in light of current inflation and living costs in India, emphasising that the welfare of the children and non-earning spouse must not be compromised. The husband’s claim that his wife was employed as a teacher was dismissed due to lack of evidence.
Background and Legal Reasoning
The couple married in 2014 and have been living separately for nearly five years. The husband, a senior nurse at SMS Hospital, Jaipur, argued that his wife left him without valid reason and that he must also support his elderly mother and pay off loans.
However, the court noted that the wife is not gainfully employed and has full custody of their two minor children. The judgment highlighted that maintenance cannot be denied merely because the wife is a graduate or capable of earning, especially when she has no actual income and is the primary carer for the children5.
The Logical Indian’s Perspective
This ruling reaffirms the fundamental right to maintenance for spouses and children, reflecting the judiciary’s commitment to social justice and family welfare.
At The Logical Indian, we believe that the well-being of children and dependents must take precedence, and that legal systems must continue to protect the vulnerable. While financial pressures are real, they cannot override the duty to provide for one’s family.
