Husband’s Personal Financial Commitments Cannot Override His Primary Duty to Maintain Wife: Jammu and Kashmir & Ladakh High Court

The Jammu and Kashmir & Ladakh High Court observed that the law recognizes that while the husband may have personal financial commitments, however, those cannot override his primary duty to maintain his wife.

The husband filed a petition against the order of the trial court and the appellate court granting maintenance of Rs. 12000/- per month to the wife.

The Bench of Justice Vinod Chatterji Koul observed, “He has a wife and he is liable to take care of her. The law recognizes that while the appellant/ petitioner may have personal financial commitments, those cannot override his primary duty to maintain his wife.”

Advocate Muzaffar A. Bhat represented the Petitioner, while Advocate Lone Altaf represented the Respondents.

Case Brief

The wife had filed a complaint under Section 12 of the Domestic Violence Act, alleging domestic violence, mental harassment, dowry demands, and denial of maintenance. She sought interim relief citing daily needs.

The Trial Court, noting prima facie evidence of abuse, directed the husband to pay ₹12,000/- per month. The husband, working in J&K Police Department, filed objections, citing his net salary is Rs. 34,000/- and he also has the responsibility of his parents and unmarried siblings.

Thereafter, the appellate court also rejected his appeal, wherein the appellate court emphasised that a Magistrate is empowered to pass ex parte or interim relief as well as final order under Domestic Violence Act as an aggrieved wife is entitled to monetary relief, including maintenance, to ensure that she does not suffer from deprivation or financial distress.

Court’s Reasoning

The Court opined, “Both Trial Court and Appellate Court have discussed in detail all aspects of the matter concerning interim relief/maintenance under and in terms of provisions of D.V.Act, which do not call for any interference, and therefore, instant petition is liable to be dismissed.”

Further, the Court observed that the law recognizes that while the husband may have personal financial commitments, those cannot override his primary duty to maintain his wife.

“It has also been argument of petitioner before the Appellate Court that interim maintenance should have been slashed down upon production of the salary slip, does not hold ground, has been rightly observed and held by the Appellate because of the fact that the court is required to balance the needs of the wife with the financial capacity of the husband”, the Court said.

Accordingly, the Petition was dismissed.

Cause Title: Naveed Bashir Wani V. Varqa Bashir & Ors.

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