The Allahabad High Court dismissed a husband’s appeal against interim maintenance, ruling that financial hardship cannot be used to dodge the legal duty to support a wife. The court also observed that if a person cannot maintain a family, they should reconsider marriage altogether, reinforcing maintenance rights during matrimonial disputes.
The Bombay High Court said interim maintenance should be based on the wife’s financial necessity, specifically whether she has sufficient independent income to sustain herself. In directing the husband to deposit Rs 3 lakh, Justice Urmila Joshi Phalke clarified that the wife’s family’s financial background is irrelevant to the maintenance question, focusing instead on her own earning capacity and need.
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