Must Pay Divorced Wife Even If Husband Has No Job

The Allahabad High Court stated that even if a husband lacks income, he must provide maintenance to his wife after divorce because he could potentially earn around Rs 300-400 daily as an unskilled labourer.

The magistrate took this decision after a hearing of a petition filed by a man contesting a family court’s order to pay Rs. 2,000 per month as maintenance to his wife after the divorce.

The husband argued before the High Court that the presiding judge overlooked the fact that his wife, a graduate, earned Rs 10,000 monthly from teaching. However, the court said the husband is capable of earning income through physical labour, considering his good health.