Kamal Ghorui
Prayagraj: The Allahabad high court has observed that men who feel they cannot maintain a wife and children if the marriage goes sour ought not get married in the first place.In an order dated April 7, a bench comprising Justice Atul Sreedharan and Justice Vivek Saran said a man cannot cite poor finances to avoid maintaining his wife.“Once a man marries a woman, he is bound under the law to maintain her,” the HC stressed, rejecting a husband’s appeal challenging an order of a family court in Prayagraj granting maintenance to the wife during the pendency of the matrimonial dispute case.The family court directed Prayagraj resident Tej Bahadur Maurya to pay Rs 4,000 as interim maintenance to his wife. Challenging the order, the Maurya moved the high court, arguing that the court did not take his financial condition into account while passing the impugned (under challenge) order.It was also submitted that the family court overlooked that the woman is living with another man and there was a mutual separation between the parties entered on affidavit.The HC examined the impugned order and noted that the family court had properly considered these allegations.The court took into account the woman’s claim that she has to bear the burden of maintaining her children without any independent income.Against this backdrop, the court agreed with the trial court’s order and opined that, keeping in view the cost of living today, it cannot be said that the amount is excessive and unaffordable for the appellant.The court also refused to accept the appellant’s argument that he is only a labourer, as no further information relating to the same had been given to this court.
