Allahabad High Court cites Manusmriti in maintenance ruling

The Allahabad High Court ordered direct salary deductions to support a wife and minor daughter. The ruling reinforced maintenance as both a legal duty and social welfare safeguard.

In Short

• Pinki Verma sought enhancement of the family court's maintenance award
• Supreme Court precedent described financial support as a sacrosanct marital duty
• Maintenance rights serve as safeguards against women's vagrancy and destitution

The Allahabad High Court has cited the Manusmriti while stressing a husband's "pious obligation" to maintain his wife, minor children and elderly parents if they cannot support themselves financially, news agency Press Trust of India reported.

The court made the observation while hearing a criminal revision filed by Pinki Verma, who sought an increase in the maintenance awarded by a family court in Kanpur Nagar.

Justice Praveen Kumar Giri referred to Chapter XI, Verse 10 of the Manusmriti and observed that a husband has not only a legal duty but also a "pious obligation" to maintain his wife, minor children and parents if they are financially unable to support themselves.

In its October 22 order, the high court also relied on the Supreme Court's judgment in the Anju Garg case. The apex court had observed that it was the husband's "sacrosanct" duty to earn through legitimate means and provide financial support to his wife and minor children, according to PTI.

The high court said a wife's right to claim maintenance was a social welfare measure intended to prevent vagrancy and destitution. It added that once a marriage was legally recognised and the wife demonstrated her inability to maintain herself, the husband's financial liability remained absolute, irrespective of historical dogmas.

The husband's counsel submitted that he was willing to have 25 per cent of his salary deducted as maintenance for his wife and minor daughter.

Modifying the family court's order, the high court directed the competent higher authority at Indian Bank to deduct 25 per cent of the husband's gross salary, after excluding income-tax deductions, and credit the amount to the wife's verified bank account.

The order therefore increased the maintenance arrangement by directing that a quarter of the husband's eligible salary be transferred directly to his wife for her and their minor daughter's support.

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