In a recent judgment, the Orissa High Court emphasized that an able-bodied husband employed in government service is legally obligated to provide maintenance for his wife and children, irrespective of any marital discord between the parties. This ruling came in response to a revision petition filed by a husband challenging a Family Court's decision that directed him to pay ₹5,000 per month to his wife and ₹3,000 per month to his son as maintenance, effective from the date of the application under Section 125 of the Code of Criminal Procedure (CrPC).
The husband contended that he was willing to reconcile and that his wife had left the matrimonial home without sufficient cause, thereby questioning her entitlement to maintenance. Conversely, the wife argued that the husband's previous petition for divorce had been dismissed by the Family Court, a decision upheld by both the High Court and the Supreme Court. She asserted that the husband's current revision petition was merely an attempt to harass her.
Justice Gourishankar Satapathy, presiding over the case, noted that the marriage between the parties remained legally valid, as no competent court had dissolved it. He highlighted that, under such circumstances, a husband with a stable government job is statutorily required to maintain his wife and children, regardless of any existing marital disagreements. The court referenced the Supreme Court's recent judgment in Rina Kumari v. Dinesh Kumar Mahto & Anr., which held that a decree for restitution of conjugal rights in favor of the husband does not automatically disqualify the wife from receiving maintenance if she refuses to comply. The Supreme Court emphasized that the husband's responsibility to provide maintenance persists, even if the wife chooses not to return to the matrimonial home.
In light of these considerations, the Orissa High Court dismissed the husband's revision petition, thereby upholding the Family Court's order for maintenance. This decision reinforces the legal principle that a husband's obligation to support his wife and children remains intact, irrespective of marital disputes, especially when he is gainfully employed in a government position.
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