Rajasthan High Court: Able-Bodied Husband Cannot Evade Maintenance Duty by Claiming Unemployment

The Rajasthan High Court has ruled that an able-bodied husband cannot escape his legal duty to maintain his wife merely by claiming unemployment.

The court increased the maintenance amount in this case, stressing that physical capability and available means impose a continuing obligation under Section 125 of the CrPC.

The court added that unless incapacity is proven, a husband’s duty stands.

The bench noted that factors such as the wife not submitting recent salary details or refusing to cohabit may be considered, but are not decisive in denying maintenance.

[Sunita Devi v Sumit Bishnoi & Ors.]