Prayagraj: Citing a verse from the Manusmriti, the Allahabad high court stressed a man’s pious obligation to maintain his wife, minor children and aged parents.
Justice Praveen Kumar Giri referred to Chapter XI, Verse 10 of the Manusmriti while hearing a criminal revision filed by Pinki Verma, a resident of Kanpur Nagar. Modifying the family court’s order, the high court directed the concerned higher authority of Indian Bank to deduct 25% of the husband’s gross salary, excluding income-tax deductions, and credit the amount to the wife’s verified bank account.
In its Oct 22 order, the high court also relied on the Supreme Court ‘s judgment in Anju Garg and Another vs Deepak Kumar Garg (2022), in which the apex court observed that it is the husband’s “sacrosanct” duty to provide financial support to his wife and minor children through legitimate earnings. It said that once a marriage is legally recognised and the wife proves her inability to maintain herself, the husband’s financial liability remains absolute, irrespective of historical dogmas. She had sought enhancement of the maintenance awarded by a family court. The court referred to the verse, observing that a man has not only a legal but also a pious obligation to maintain his wife, minor children and parents if they are financially unable to support themselves. The high court emphasised that a wife’s right to claim maintenance is a social welfare measure intended to prevent vagrancy and destitution.