Poverty Not a Ground to Escape Maintenance Liability, Says Delhi High Court

The Delhi High Court has held that an able-bodied husband cannot avoid his obligation to pay maintenance to his wife merely by pleading poverty or financial hardship. 

The Court observed that a physically fit and educated man is presumed capable of earning and maintaining his spouse.

While dismissing the husband’s plea against a maintenance order, the Court noted that the lack of regular income cannot be used as a ground to evade statutory responsibility. It ordered to pay Rs 11,000 per month to the wife and each of the two daughters.

The judgment reiterated that maintenance provisions are intended to secure financial support for dependent spouses and ensure their sustenance.

[Lokesh Kumar Singh v. Neeta Singh]