Allahabad High Court: Husband Must Earn, Even by Physical Labour, to Support Wife
Court upholds ₹2,500 monthly maintenance order, says unemployment no excuse for neglecting marital duty
Judges stress that able-bodied men cannot escape responsibility; minimum wages can be basis for assessment
By Our Legal Reporter
New Delhi: November 27, 2025:
The Allahabad High Court (Lucknow Bench) has delivered a significant judgment reinforcing the principle that a husband is legally bound to maintain his wife, regardless of his employment status. The court ruled that an able-bodied man cannot shirk his responsibility by pleading unemployment, and if necessary, he must earn through physical labour to fulfil his marital obligations.
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The Case
The ruling came in response to a criminal revision petition filed by a man challenging a family court order directing him to pay ₹2,500 per month as interim maintenance to his estranged wife. The husband argued that he was unemployed and unable to pay.
Justice Saurabh Lavania, presiding over the case, dismissed the petition and upheld the family court’s order. The judge observed that the maintenance amount was “meagre” and well within the husband’s capacity, even if he had to work as a daily wage labourer.
Court’s Observations
- Unemployment is not a valid excuse for avoiding maintenance obligations.
- An able-bodied husband must find work, even if it means engaging in manual labour.
- The minimum wages framework can be used to assess a husband’s earning capacity.
- The obligation to maintain a wife is a statutory duty under Section 125 of the Criminal Procedure Code (CrPC).
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The court also rejected the husband’s plea to refer the matter to mediation on the condition that he deposit ₹25,000, noting that the family court’s order was legally sound.
Legal Basis
Under Section 125 CrPC, a husband is required to provide maintenance to his wife if she is unable to sustain herself. The provision is designed to prevent destitution and ensure basic dignity for women.
Courts across India have consistently held that able-bodied men cannot evade responsibility, even if they claim financial hardship. The Allahabad High Court’s ruling reinforces this principle, making it clear that earning through physical labour is not beneath dignity when it comes to fulfilling legal obligations.
Wider Implications
- It strengthens women’s rights by ensuring that financial support cannot be denied on grounds of unemployment.
- It sets a precedent that minimum wages can be used as a benchmark for assessing maintenance obligations.
- It discourages frivolous petitions by husbands seeking to avoid responsibility.
Legal experts note that the ruling reflects the judiciary’s commitment to protecting vulnerable spouses and upholding the sanctity of marriage.
Public Reaction
- Women’s rights activists welcomed the ruling, calling it a step towards ensuring financial security for estranged wives.
- Lawyers noted that the decision aligns with earlier Supreme Court rulings that emphasise the husband’s duty to maintain his wife.
- Social commentators argued that the judgment sends a strong message against neglect and abandonment.
Similar Rulings
- The Supreme Court has previously held that a husband cannot avoid maintenance by claiming lack of income.
- Several High Courts have ruled that physical labour is a valid means of earning when fulfilling maintenance obligations.
- Courts have also emphasised that maintenance is not charity but a legal right of the wife.
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The Human Angle
For the wife in this case, the ruling provides much-needed relief. Living without financial support for years can be emotionally and economically devastating. The court’s order ensures that she receives at least a basic monthly allowance to sustain herself.
For the husband, the judgment is a reminder that marital responsibilities cannot be abandoned. Even if unemployed, he must make efforts to earn and support his spouse.
Expert Opinions
Legal experts believe the ruling will discourage men from using unemployment as a shield against maintenance claims. Advocate Vaibhav Ojha noted:
“The court has rightly observed that even minimum-wage labourers can earn enough to support their spouse. Maintenance is a statutory duty, not optional.”
Others argue that the judgment could push policymakers to consider stricter enforcement mechanisms for maintenance orders, ensuring timely payments.
Looking Ahead
- Unemployment is not a defence against maintenance claims.
- Physical labour is a legitimate means of earning for fulfilling obligations.
- Courts will continue to prioritise the rights and dignity of women in marital disputes.
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As India grapples with issues of gender justice and family law, this judgment underscores the judiciary’s role in ensuring fairness and accountability.
Conclusion
The Allahabad High Court’s ruling that a husband must earn—even through physical labour—to maintain his wife is a landmark in family law. By upholding the family court’s order of ₹2,500 monthly maintenance, the court has reinforced the principle that marital obligations cannot be evaded.
For women, it is a victory for financial security and dignity. For men, it is a reminder that responsibility comes with marriage, and unemployment is no excuse for neglect.
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