23 May 2026 07:15 AM

Maintenance to Wife -- No Regular Income of Husband -- Inability to Pay Not a Valid Defence to Maintenance Obligation Towards Wife and Children

A husband cannot evade his obligation to maintain his wife and children by claiming absence of a regular source of income. Maintenance is a sacrosanct duty, and a husband capable of earning, even by physical labour, cannot escape this liability. Alleged illnesses, outstanding loans, and responsibilities towards elderly parents do not absolve a husband of his obligation to maintain his wife and minor children. Evidence of prior substantial earnings and technical expertise negates claims of financial incapacity.

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