The Punjab and Haryana High Court has upheld a family court order directing an 86-year-old paralysed Army veteran to pay ₹15,000 per month as interim maintenance to his 77-year-old wife, reiterating that a husband is bound by both law and morality to support his wife as long as she is alive.
Justice Shalini Singh Nagpal, while dismissing the Army veteran’s plea, emphasized:
“It is no answer to her claim of maintenance that she can seek support and maintenance from her sons. The husband, who has the financial capacity and income to support his wife is bound by law and morality to maintain her as long as she is alive.”
The Court observed that although the husband is of advanced age, the same holds true for his wife who is unable to maintain herself. It clarified that since she is not gainfully employed, she must be protected from “a life of destitution and penury.”
The veteran had challenged the family court’s April 30 order, arguing that he is paralysed, helpless, and that his wife is already being looked after by their sons. His counsel further submitted that the lower court wrongly assumed he had independent control over his property and pension.
However, the High Court noted that the man was undisputedly receiving a monthly pension of ₹42,750 and continued to own 2½ acres of agricultural land, regardless of its possession by his sons.
“Considering the status in life of the parties, the reasonable wants of the wife including food, clothing, shelter, education, medical attendance treatment etc. and the income of the husband, who besides drawing good amount of pension, is also owner of 2½ acres land in village Kanti, award of interim maintenance of ₹15,000 per month besides litigation expenses of ₹11,000 does not appear to be excessive,” the Court held.
Finding no ground to interfere, the Court dismissed the petition.
Advocate Himanshu Joshi represented the petitioner.
