“If Any Man Has To Do Physical Work To Support Wife And Children, He Must Do It”, Says Supreme Court

Supreme Court of India
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New Delhi, 6th October 2022: The Supreme Court, while hearing a case of maintenance, said that any man should earn money to meet the needs of his wife and children living separately. Even if he has to do physical labor work, he must do it.


The court added that no person can run away from the responsibility of his wife and minor children.


A bench of Justices Dinesh Maheshwari and Bela Trivedi said that the provision of maintenance under section 125 of CrPC is for social justice. The court said that this rule is made for the protection of women and children.


Along with this, the court rejected the application of the person, who said that he did not have any income. Therefore, he cannot pay maintenance to the estranged wife and children. The husband said that his party business has stopped. So he is not in a position to pay maintenance.


On this, the court made a remark that the person who filed the application is fit in body. In such a situation, he can also do physical labor to support his wife and children. The court said that even though he has to work hard, he cannot ignore the needs of his wife and children.


The Supreme Court has ordered the man to pay an amount of Rs 10,000 per month to his wife..Apart from this, the minor son should also be helped by 6 thousand rupees in a month. The Supreme Court bench said that provision has been made for the protection of women under section 125 of CrPC.


If a woman has to leave her husband’s house, then necessary arrangements should be made for her sustenance. The same has been discussed in this section. If this does not happen then it will be difficult for the woman to support her children and herself.