The Punjab and Haryana High Court rules that a wife and kid have a right to a quality of living commensurate with their husband’s standing

The Punjab and Haryana High Court has ruled unequivocally that a woman and child have a right to a level of living that is neither deficient nor lavish, but rather consistent with the husband’s dignity and rank. Judge Manisha Batra further emphasized that a husband’s unassailable need to support his family financially applies, especially when there is no indication that the spouse has any other dependents.

The decision concerned a petition challenging a maintenance order that the Sonepat Additional Principal Judge of the Family Court had issued in November. During the hearing, the Bench was informed that the original sum of Rs 5,000 for the wife’s maintenance allowance had been increased to Rs 10,000, and for the daughter, to Rs 5,000. It was requested that the contested decision be further modified and that an additional maintenance payment of Rs 50,000 be made each month.

Judge Batra took up the case, arguing that Section 127, CrPC, clearly gave a court the authority to modify maintenance allowances or interim maintenance upon evidence of a change in the circumstances of any individual receiving a monthly maintenance payment under Section 125.

It is the respondent’s sacred duty to support the petitioners financially, especially in cases where there is no documentation indicating he has any other dependents. “The petitioners are certainly entitled to maintain a standard of living which is neither luxurious, nor penurious, but is yet at par with the same dignity and status as that of the respondent (husband),” Justice Batra said.

Justice Batra dismissed the plea, citing the facts and circumstances of the case, stating that the family court had fairly and carefully considered all relevant factors in determining the financial status of the respondent-husband and the standard of living that the petitioner-wife and daughter were accustomed to. The increased sum could hardly be considered insignificant.

“After considering all pertinent factors, I believe that the enhancement recommended by the Family Court is appropriate.” As a result, Justice Batra said, “I see no reason to allow this petition and therefore, dismiss the same.”