The Lucknow bench of the Allahabad high court has said that a husband, even if he has no income, has to maintain his estranged wife by engaging himself in labour work as he may earn Rs 350-400 per day as an unskilled labourer. A bench of Justice Renu Agrawal passed the order on Thursday.
In the instant case, a Unnao man had filed a revision petition before the HC challenging the order of the principal judge (trial court) asking him to pay a monthly maintenance of Rs 2,000 to his estranged wife.
In the revision plea, the man had said that the principal judge failed to consider that the estranged wife was a graduate and was earning Rs 10,000 per month as a teacher. He also said that he was seriously ill and was under treatment of a doctor. In the order, the HC bench said that the man could not produce any document to support his claim about his wife’s income as a teacher. The court also considered that he was a healthy man and was capable of earning money, and that he was also liable to maintain his estranged wife.