'Don't get married if unable to maintain family': Allahabad High Court

A division bench made the observation recently while dismissing an appeal by a man challenging the order of the Family Court directing him to pay Rs 4,000 per month as maintenance during the course of the trial.

Lucknow: The Allahabad High Court has said that a man cannot refuse to maintain his wife during the course of a trial on the grounds that his income is not enough.

A division bench comprising Justice Atul Sreedharan and Justice Vivek Saran made the observation recently while dismissing an appeal by a man challenging the order of the Family Court directing him to pay Rs 4,000 per month as maintenance during the course of the trial.

‘’Those who feel that they cannot maintain a wife and children if the marriage goes sour, ought not to get married in the first place at all, but having done so, they cannot fall back on their poor financial condition to escape the responsibility of maintaining their wives during the course of the trial,’’ the court said.

‘’Having considered the reasonings given in the impugned order and the quantum of maintenance that has been imposed upon the appellant by the trial court, this Court is of the considered opinion that keeping in view the cost of living today, it cannot be said that the amount is in excess and not affordable for the appellant,’’ it added

Besides, the appellant's argument that he was only a labourer could not be appreciated by this court, as once a man marries a woman, he is bound under the law to maintain her.

The appeal was filed by the appellant against order of the Family Court, Prayagraj, in an application under Section 24 of the Hindu Marriage Act, 1955, filed by the respondent-wife for maintenance pendente lite.