Husband is obliged to see that his wife does not become a destitute, a beggar #indianlaws

if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route from payment of maintenance, unless there is an order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds

Should Family Courts allow adjournments in an extremely liberal manner acting contrary what the statute prescribes as objects and reasons leading to enactment and also while doing so being insensitive to the condition and plight of wife as part to the dispute. In the present matter the maintenance was denied by husband to wife his wife for almost nine years.

The Court observed that delay in adjudication by the Family Court is not only against human rights but also against the basic embodiment of dignity of an individual. The husband in such kind of proceedings should not play trick to deprive her of the benefit of living with dignity. It is the obligation of the husband to see that the wife does not become a destitute, a beggar and in fact it is a sacrosanct duty to render the financial support even if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route unless there is an order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds.

On Section 125 of the Code of Criminal Procedure (CrpC) the Court summed together the legal position as under:

• Proceedings under Section 125 are of a summary nature, enabling destitute wives and children (whether they legitimate or illegitimate), to get maintenance in a speedy manner.
• The object of Section 125 is to prevent vagrancy and destitution and to also provide a speedy remedy for the supply of food, clothing and shelter to the deserted wife.
• The Family Judge is expected to be sensitive to the issues, for he is dealing with extremely delicate and sensitive issues pertaining to the marriage and issues ancillary thereto.
• Family Courts should not show undue haste or impatience, but there is a distinction between impatience and to be wisely anxious and conscious about dealing with a situation.
• A Family Court Judge should remember that the procrastination is the greatest assassin of the lis before it
• While awarding maintenance, the Court should pass an award from the date of the application through an express order
[Bhuwan Mohan Singh vs. Meena and others]
(SC, 15.07.2014)