In a strongly worded ruling that could set a precedent in family law across India, the Punjab and Haryana High Court has directed a man to pay a monthly maintenance of ₹24,700 to his estranged wife and children, rejecting his plea of financial incapacity. The verdict underscores a clear judicial stance: financial irresponsibility is not a legitimate excuse to avoid one’s duty as a husband and father. The ruling, delivered earlier this week, has stirred legal circles and sparked renewed discourse around the enforcement of domestic maintenance orders in India.
The man, whose identity has been withheld in compliance with court protocol, had approached the High Court challenging an earlier order by a family court that mandated him to support his wife and two minor children. He argued that he was unemployed and could not afford to pay the ordered sum. However, the bench, headed by Justice Nidhi Gupta, dismissed the argument as “unacceptable and evasive,” observing that “a man who can father children cannot escape his legal responsibilities under the garb of financial incapability.”
The court further stated that the petitioner must make efforts to find employment suitable to his age and qualifications. In a notable remark, Justice Gupta said, “A healthy man of employable age cannot hide behind joblessness. The law mandates that such a person must strive to create income and meet his legal obligations.”
Legal experts have described the judgment as both assertive and empathetic—assertive in holding men accountable, and empathetic in prioritizing the well-being of dependent family members. According to family law advocate Meenal Ahluwalia, “This ruling reinforces the idea that maintenance is not charity—it is a right. The court has made it clear that neglecting one’s duty under the pretext of unemployment or low income will not be tolerated.”
The court’s ruling also highlights a broader issue that has long plagued Indian family courts: delayed or denied maintenance due to procedural delays or lack of enforcement mechanisms. For thousands of women across India, winning a maintenance order is often only half the battle; getting it implemented is where the system frequently fails. In this case, the High Court not only upheld the original order but also emphasized the need for compliance, thereby sending a powerful message about the sanctity of such judicial decisions.
India’s maintenance laws are governed by various acts including Section 125 of the Code of Criminal Procedure (CrPC), the Hindu Marriage Act, and the Protection of Women from Domestic Violence Act, among others. These provisions entitle wives, children, and in some cases parents to financial support. However, legal battles are often prolonged, and many women are forced to run from pillar to post to secure even basic subsistence. The Punjab and Haryana High Court’s clear and time-bound direction aims to address this very challenge.
In the present case, the court further noted that the man had failed to present any credible proof of his inability to earn. His affidavit did not include job search history, proof of illness, or any compelling reason for being unemployed. On the contrary, evidence submitted by the wife included records of past employment and property details that allegedly pointed to undisclosed assets and income.
Women’s rights groups have hailed the decision as a step toward better financial justice for abandoned spouses and children. “This is the kind of clarity we need from our courts,” said Neetu Sharma, a member of the All India Democratic Women’s Association. “When a man refuses to honor maintenance orders, it leads to destitution and long-term trauma for women and children. The High Court has helped restore confidence in the system.”
The ruling also included a stern warning: failure to comply with the maintenance order could invite coercive measures including property attachment, wage garnishment (if employed), or even imprisonment under Section 125(3) CrPC.
For many, this judgment stands as a reminder that personal responsibility cannot be shrugged off in a legal system that increasingly prioritizes family welfare and social justice. It also reflects a growing judicial tendency to look beyond paperwork and get to the core of intentional financial evasion.
As India continues to evolve socially and legally, judgments like this underscore the judiciary’s role in reinforcing fairness and accountability within families. The message from the bench is clear—fatherhood and husbandhood come not just with emotional bonds but also with financial duties that cannot be shelved.
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