Maintenance To Wife -- Sacrosanct Duty -- Husband Cannot Evade Support Obligation on Plea of Irregular Income -- Even If has to do Physical Labour
The obligation of a husband to maintain his wife and minor children under Section 125 CrPC is a legal and ethical duty that cannot be evaded on grounds of lack of regular income or contract-based employment. A husband is bound to provide financial support even by undertaking physical labour. In revision proceedings, the scope of interference is extremely narrow and limited to perversity or illegality; new facts or changed circumstances must be agitated before the Family Court under Section 127 CrPC. Maintenance quantum must be assessed on the basis of the net disposable income of the husband, equitably distributed among family members on the principle of the family resource cake.
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