Justice Mruganka Sekhar Sahoo said the husband produced no proof to deny his employment or income.

“It is apparent that the present petitioner husband, being able-bodied, has to be presumed to be capable of earning sufficient money to maintain his wife; he cannot be heard to say that he is not in a position to earn enough,” the Orissa High Court said on May 4.

Justice Sahoo added that it is a well-settled legal principle that it is the obligation of the husband to maintain his wife and minor children, and he cannot plead inability to maintain his wife due to financial constraint as long as he is able-bodied, educated or capable of earning.

‘No income’

The petitioner challenged a September 2024 judgment of the family court, which directed him to pay Rs 6,000 per month in maintenance to his wife, effective from January 2020.

The husband contended before the Orissa High Court that because his wife is employed as an assistant revenue inspector in Cuttack with a monthly salary of approximately Rs 31,000, she was not entitled to maintenance. He further argued that he currently possesses no income.

The family court, in its order, recorded that the husband has completed his Master’s in engineering and earns from his private job and from a variety store.

It added that it is the duty of the husband to see to the welfare of the wife and that she is leading a life at par with his. The court continued that in the course of his evidence, he has admitted to his service at Harman Company and Wipro, and is quite capable of earning. As they are staying separately, he is liable to pay maintenance to the petitioner.

Appearing for the petitioner, advocate Rita Singh submitted before the Orissa High Court that the judgment of the family court is erroneous as the court did not appreciate the evidence in its proper perspective.

Court’s findings

• It was for the opposite party, the husband, to show cogent grounds to the learned family court to hold that, for reasons beyond his control, he is unable to earn enough to discharge his legal obligation.
• From reading the family court judgment, it is apparent that the petitioner has not made any such endeavour before the family court judge.
• There was no legally permissible ground shown before the family court judge to accept the petitioner’s plea that he would not pay any maintenance, the Orissa High Court noted.
• The husband did not bother to adduce any positive evidence to deny his employment and income.
• Commenting on the reduction of the amount of maintenance from Rs 4,000 to Rs 2,000 by a high court order, the Supreme Court observed in Shamima Farooqui: “It only reflects the non-application of mind and, therefore, we are unable to sustain the said order…”
• Following the above well-settled legal principles, the Orissa High Court held that it is the obligation of the husband to maintain his wife and minor children; he cannot be heard to plead that he is unable to do so due to financial constraint “as long as he is able-bodied and/or educated and/or capable of earning”.

Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More

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