The Punjab and Haryana High Court recently observed that Professional beggars also have a moral and legal obligation to maintain their wives, Punjab and Haryana High Court said that even professional beggars have a moral and legal obligation to maintain their wives if they are unable to maintain themselves. The verdict was delivered in a case where a woman sought maintenance from her husband who was a professional beggar [Sandeep v. Suman].
According to the court, begging cannot be considered a profession, and therefore, it cannot be a reason to evade the obligation to maintain one’s wife. The court also held that the husband’s income from begging should be considered for the purpose of calculating maintenance.
The court further observed that a husband has a moral and legal obligation to maintain his wife and provide her with basic amenities of life, irrespective of his profession or income. The court emphasized that maintenance is the responsibility of the husband, and he cannot avoid it by claiming that he is a professional beggar.
This judgment sets an important precedent for cases where husbands who are professional beggars refuse to provide maintenance to their wives. It also reaffirms the principle that a husband cannot avoid his obligation to maintain his wife by claiming that he has no income or that his income is derived from begging.
The court’s ruling is in line with the provisions of the Hindu Marriage Act, which makes it mandatory for husbands to provide maintenance to their wives. The Act recognizes that a wife is entitled to be maintained by her husband during the subsistence of the marriage.
This judgment is a reminder that even professional beggars have legal and moral obligations towards their wives, and they cannot escape their responsibility to provide for them. The court’s ruling also highlights the importance of upholding the rights of women and protecting their dignity.
Justice HS Madaan dismissed a revision plea filed by the husband against an order directing him to pay maintenance to his wife. The Court noted in its order the husband is an able-bodied person and that nowadays, even a manual labourer manages to earn ₹500 or more per day. Further, keeping in view the trend of rising prices, the maintenance awarded cannot be said to be on higher side, the Court rueld.
Sandeep_v__Suman