{"id":305600,"date":"2023-10-25T09:00:23","date_gmt":"2023-10-25T03:30:23","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=305600"},"modified":"2023-10-26T14:34:30","modified_gmt":"2023-10-26T09:04:30","slug":"husband-moral-duty-maintain-wife-not-mean-squeeze-milk-husband-jharkhand-high-court","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/10\/25\/husband-moral-duty-maintain-wife-not-mean-squeeze-milk-husband-jharkhand-high-court\/","title":{"rendered":"Husband\u2019s moral duty to maintain wife does not mean to squeeze milk from husband making marriage a felony for him: Jharkhand High Court"},"content":{"rendered":"
\n

Jharkhand High Court:<\/span> In a criminal revision preferred against order dated 18-04-2022 passed by the Family Court in a maintenance case directing the petitioner to pay Rs. 40,000 per month as maintenance to his wife from the date of application (4-10-2021) and pay all arrear amount within 2 months, Subhash Chand, J. modified the impugned order and reduced the monthly maintenance to Rs 25,000 to the wife payable by her husband.<\/p>\n

Factual Background<\/p>\n

The marriage was solemnized on 29-04-2018 and the couple started living in the husband’s house. The wife alleged that after a short span of time, his mother and married sisters started showing their dissatisfaction on the dowry articles not befitting her husband’s status. It was alleged that the entire building was put under CCTV camera surveillance and the wife’s cell phone was also taken into husband’s custody for tracking her activity. The wife further claimed of her husband being a habitual drunkard who hobnobs with young girls to maintain his culture, used to commit brutal marital sex by pinching teeth on his wife’s face, brutally slapping her and injuring her private parts in want of carnal sex. She also complained of taunts, maltreatment by the husband and his family members including kith and kins, restricting her free movement in the matrimonial house. All her personal documents and streedhan were taken into the possession of the mother-in-law, further alleging demands for jewellery for the husband and his family members during the baby shower ceremony. A baby girl was born with liver infection and expired within 22 months.<\/p>\n

The wife was forced and compelled to leave her matrimonial home on 3-06-2021 and was currently residing at her ailing parents’ house. It was alleged that while the wife had no means of survival, the husband was a man of high financial means leading a lavish life fetching a monthly income in lakhs, and thus, the wife prayed for maintenance of Rs 1,25,000 from her husband.<\/p>\n

On the other hand, the husband countered that it was the wife who treated her husband with cruelty which even led him to file a divorce petition, also denied wife bringing any jewellery or any such demands made by the family members and also claimed that his income was exaggerated by the wife and pointed towards his income tax assessment.<\/p>\n

The Family Court passed the impugned judgment dated 18-04-2022 directing the husband to pay Rs. 40,000 per month as maintenance to his wife along with the arrears, which was challenged in the instant matter.<\/p>\n

Court’s Analysis of Maintenance Provisions<\/p>\n

The Court explained that “the object of Section 125 CrPC is Social Justice and also to ensure the dignity of individual as enshrined in the preamble of the Constitution of India<\/a>.” Therefore, the Court batted for maintenance amount awarded by the Court to be reasonable and realistic and should avoid either extremes of maintenance being extravagant or so meagre to drive the wife to penury. It further elaborated that “The object behind right to maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, at the same time it should not be punishment to the other spouse.”<\/p>\n

The Court highlighted that the wife had been filing Income Tax return for past 4 years while claiming no source of income, a fact that discouraged the Court’s confidence since she was educated and professionally qualified, but noted the Court’s duty to ensure that her income should be sufficient to maintain the same standard of living as she was accustomed to in her matrimonial home. The Court perused the evidence regarding the husband’s income, loan liabilities and his liability towards his ailing mother and highlighted the Family Court’s failure to consider such aspects while fixing the quantum of maintenance, finding the same perverse and unreasonable.<\/p>\n

The Court expressed that “Certainly, it is moral duty of the husband to pay maintenance to her wife so that she may also reside in the same status as would have been in matrimonial house; but it does not mean to squeeze milk from the husband that the marriage becomes felony for the husband.”<\/p>\n

Placing reliance on Chandrashekar<\/span> v. Swapnil<\/span>, (2021) 12 SCC 624<\/a>, the Court partly allowed the instant petition and modified the same and reduced the maintenance amount to Rs 25,000 per month. The Court further noted that the husband had already paid Rs. 1,20,000 towards the arrears of maintenance awarded by the Family Court and was also paying Rs. 20,000 per month to his wife. Therefore, the Court ordered the maintenance amount already paid to be adjusted towards future payment of maintenance and payment of arrears within 4 months.<\/p>\n

[Niraj Kathuria v. State of Jharkhand, 2023 SCC OnLine Jhar 1540<\/a>, decided on 13-10-2023<\/span>]<\/p>\n

Judgment by: Justice Subhash Chand<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case :<\/p>\n

For Petitioner: Senior Advocate Ajit Kumar<\/p>\n

For State and Opposite Party: Special Public Prosecutor Shailendra Kumar Tiwari, Advocate Lukesh Kumar<\/p>\n

Buy Constitution of India  HERE<\/a><\/h3>\n

\"Constitution<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

“The object of Section 125 CrPC is Social Justice and also to ensure the dignity of individual as enshrined in the preamble of the Constitution of India.”<\/p>\n","protected":false},"author":67513,"featured_media":295502,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[5791,2863,62229,12531],"class_list":["post-305600","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-jharkhand-high-court","tag-maintenance","tag-maintenance-to-wife","tag-section-125-crpc"],"yoast_head":"\nHusband's moral duty to maintain wife does not mean to squeeze milk from husband making marriage a felony for him: Jharkhand High Court<\/title>\n<meta name=\"description\" content=\"Jharkhand High Court modified maintenance amount stating that husband's moral duty to maintain wife does not 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of woman to serve ailing mother-in-law’: Jharkhand High Court cites Indian culture; rejects maintenance to wife","author":"Ridhi","date":"January 25, 2024","format":false,"excerpt":"The wife restricted the mother-in-law from touching the baby and even threatened fabricating false cases against the family members.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"jharkhand high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/06\/jharkhand-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/06\/jharkhand-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/06\/jharkhand-high-court.webp?resize=525%2C300&ssl=1 1.5x, 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Madras HC answers","author":"Apoorva","date":"July 12, 2023","format":false,"excerpt":"Madras High Court said that concerning the present economic scenario and the status of the parties, the fixation of the monthly maintenance at Rs. 10,000\/- for the wife and daughter is very much reasonable and the same cannot be said to be excessive.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"madras high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":375340,"url":"https:\/\/www.scconline.com\/blog\/post\/2026\/02\/10\/jharkhand-hc-permanent-alimony-not-absolve-husbands-duty-financial-support\/","url_meta":{"origin":305600,"position":2},"title":"Permanent alimony does not absolve husband’s sacrosanct duty of financial support: Jharkhand HC upholds Rs 24,000 maintenance under S. 125 CrPC","author":"Soumya Yadav","date":"February 10, 2026","format":false,"excerpt":"\u201cShe is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband, as that is where the status and strata come into place, and that is where the obligations of the husband, in case of a wife, become\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"husband's duty of financial support","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/husbands-duty-of-financial-support.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/husbands-duty-of-financial-support.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/husbands-duty-of-financial-support.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/husbands-duty-of-financial-support.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":247072,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/15\/maintenance-7\/","url_meta":{"origin":305600,"position":3},"title":"Cal HC | Pre-requisite for awarding maintenance under Hindu Marriage Act: Independent income of husband or wife to support either is enough? Read on","author":"Bhumika Indulia","date":"April 15, 2021","format":false,"excerpt":"Calcutta High Court: Shampa Sarkar, J., expressed that Hindu Marriage Act is a gender-neutral provision and further expressed the scope of maintenance. In the present revisional application, the issue was with respect to the wife being aggrieved with the quantum of maintenance. Wife had filed an application under Section 24\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/06\/calcutta-court.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/06\/calcutta-court.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/06\/calcutta-court.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/06\/calcutta-court.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/06\/calcutta-court.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":246092,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/03\/25\/maintenance-5\/","url_meta":{"origin":305600,"position":4},"title":"Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son","author":"Bhumika Indulia","date":"March 25, 2021","format":false,"excerpt":"Delhi High Court: Subramonium Prasad, J., partly allowed a revision petition filed by the husband and reduced the amount of interim maintenance granted to the respondent-wife and son from Rs 12,500 per month to Rs 4,500 per month. While so deciding, the Court held that: \"It is trite law that\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":218674,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/27\/raj-hc-wife-earning-a-certain-amount-will-not-absolve-husbands-liability-to-provide-maintenance-under-s-24-hma-act-1955\/","url_meta":{"origin":305600,"position":5},"title":"Raj HC |\u00a0Wife earning a certain amount will not absolve husband’s liability to provide maintenance under S. 24 HMA Act, 1955","author":"Bhumika Indulia","date":"August 27, 2019","format":false,"excerpt":"Rajasthan High Court: The Division Bench comprising of Mohammad Rafiq and Narendra Singh Dhaddha, JJ. dismissed an appeal filed by an aggrieved husband stating that, \u201cEven if the wife earns a certain amount, that does not absolve the husband of his liability to maintain her in the meaning of Section\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/305600","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67513"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=305600"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/305600\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/295502"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=305600"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=305600"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=305600"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}