GAUHATI HIGH COURT SAYS ABLE BODIED HUSBAND TO SUPPORT WIFE FINANCIALLY

In the light of Sec 125 CrPC Act, 1973, Gauhati High Court in a review petition against order of Family Court, recently observed that if the husband willfully neglects to provide maintenance to wife, she can approach the court of law.

Brief facts

Both petitioner and respondent are married couple. However, it is alleged by wife that soon after marriage, the husband started torturing her both mentally and physically. He also used to demand money from wife. Thus, wife was compelled to leave the shared household and started living in her parent's home. Thereafter, she filed a case under Sec 125 CrPC for maintenance. Allowing the said petition, the Family Courts fixed a monthly allowance of Rs. 2200/-. However, aggrieved by the said order, the husband filed the review petition before the Gauhati High Court.

Observations of High Court

It was observed that based upon the findings of the trial court it is clear that the wife was subjected to abuse both mentally and physically. It is further stated that it is the legal duty of the husband to financially support his wife if he is able bodied person. Mere bald allegations of not having a job is not ground to be relied upon.

Based upon the same, the High Court of Gauhati was pleased to uphold the decision of the Family Court and review petition filed by husband is accordingly dismissed.

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